LAW 522-001 – Civil Procedure II

Abuse of Discretion


How abuse of discretion is defined will depend on the jurisdiction.

Examples
  • Decision “was based on a clearly erroneous finding of fact or an erroneous conclusion of law or manifests a clear error of judgment”
  • District court “made a clear error of judgment ... or ... applied an incorrect legal standard.”
  • “A definite and firm conviction that the trial court committed a clear error of judgment”
  • "Failing to exercise a sound, reasonable discretion"
  • Decision was "not justified by and clearly against reason and evidence"