Judicial Discretion

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 ...

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