What is the test for discretion?
California, United States of America
The following excerpt is from Saunders v. Superior Court, 89 Cal.Rptr.2d 440 (Cal. App. 1999):
" 'Discretion is abused whenever, in its exercise, the court exceeds the bounds of reason, all of the circumstances before it being considered.' " (Denham v. Superior Court (1970) 2 Cal.3d 557, 566, 86 Cal.Rptr. 65, 468 P.2d 193.) Under the circumstances here, we cannot say the court's order exceeds the bounds of reason.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for discretion when it comes to exercising discretion? (California, United States of America)
What is the test for determining whether a trial court's exercise of discretion is within the scope of discretion? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
How have courts exercised discretion to impose the upper term sentence for abuse of discretion? (California, United States of America)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does the Court of Appeal have any discretion or discretion to dismiss a motion of no confidence in the trial counsel? (California, United States of America)
What is the law on the distinction between discrete crime and discrete crime? (California, United States of America)
What is considered discretion when it comes to discretion? (California, United States of America)
