Abuse of discretion

What abuse of discretion means

In practice, you will see abuse of discretion in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where abuse of discretion comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Standard of review.

How to research the term

To research abuse of discretion, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

• Ab initio: latin for "from the beginning." Something void ab initio is treated as having had no legal effect from its start, not just from the time it is declared void.
• Absurdity doctrine: the canon that courts avoid reading a statute in a way that produces absurd results.
• Accept: to agree to an offer or to take something as given.
• Accord and satisfaction: an agreement to settle a disputed claim for a different performance, usually a smaller payment, and the carrying out of that agreement.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.