What is the legal authority of a court to exercise discretion in making an order?

California, United States of America


The following excerpt is from Martin v. Alcoholic Beverage Control Appeals Bd., 13 Cal.Rptr. 513, 362 P.2d 337, 55 Cal.2d 867 (Cal. 1961):

Legal discretion, in the circumstances, is judicial discretion. 'Courts have often asserted that such power is broad and inclusive. That assertion is true, but it is true only within the limits of fixed legal principles (Brill v. Fox (1931), 211 Cal. 739, 743 (297 P. 25)). Such power cannot enlarge its own boundaries or support acts requiring other legal bases. Even within its legal limits the power is not unbridled. The mere fact that a court may have jurisdiction to make an order does not equip it to exercise judicial discretion. Its acts must not only be confined within the field of discretion but must also be of a character within the bounds of the limiting adjective 'judicial.' To exercise that power all the material facts in evidence must be both known and considered, together also with the legal principles essential to an informed, intelligent, and just decision. * * *

Other Questions


When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
In what circumstances will the Court of Appeal reverse a finding that the Court abused its discretion in making a judgment in a personal injury case? (California, United States of America)
Does the California Supreme Court have any authority or authority to amend or amend a section of the California Statutory Code of Civil Procedure to make it easier for a plaintiff to sue for damages? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
Is a judge who purports to exercise exercising his authority by applying the wrong legal standards? (California, United States of America)
Can a court abuse its discretion by applying an erroneous legal standard or by making a ruling unsupported by substantial evidence? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Does the Court of Appeal have any authority or authority to sustain a First Amendment right to exercise First Amendment Freedoms? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.