abuse of discretion

abuse of discretion
Decision by whim or caprice, arbitrarily, or from a bad motive which amounts practically to a denial of justice as a clearly erroneous conclusion, one that is clearly against logic and effect of the facts presented. 5 Am J2d A & E § 774. Abuse of judicial discretion, within the rule that all appellate court will not disturb the discretionary action of the court below unless the discretion was abused, is an exercise of discretionary power to an end or purpose not justified by, and clearly against, reason and evidence. Re Crane's Estate, 201 Okla 354, 206 P2d 726, 9 ALR2d 524. There is no hard and fast rule by which an abuse of discretion may be determined, but in general an exercise of discretion, not to amount to an abuse, must be legally sound; there must be an honest attempt by the court to do what is right and equitable under the circumstances and the law, without the dictates of whim or caprice. 5 Am J2d A & E § 774.

Ballentine's law dictionary. . 1998.

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