Pub. date: 2008 | Online Pub. Date: May 28, 2008 | DOI: 10.4135/9781412963930 | Print ISBN: 9781412941655 | Online ISBN: 9781412963930| Publisher:SAGE Publications, Inc.About this encyclopedia
Liana L. Allen
Judicial discretion refers to that area of law that empowers a trial court judge to make a decision in a legal matter that has no absolute answer in the written law. It describes the power of a court to make a choice from among two or more legally valid solutions. Discretion arises when the judge decides which way to resolve a case. This judgment of the trial court occurs in accordance with what is right and equitable given the circumstances and applicable laws. Such a judgment is not made arbitrarily but rendered in an effort to reach a just result, as sometimes occurs in stalking or sexual harassment complaints. In administrative matters, judicial discretion is very ...