judicial discretion

judicial discretion

The exercise of judgment by a judge or court based on what is fair under the circumstances and guided by the rules and principles of law; a court’s power to act or not act when a litigant is not entitled to demand the act as a matter of right.

¡ª Also termed legal discretion. [Cases: Courts 26. C.J.S. Courts ¡ì¡ì 3, 64¨C65, 67.]


What is the preferred translation of the term judicial discretion by Chinese lawyers?
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