Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Quam longum debet esse rationabile tempus, non definitur in lege, sed pendet ex discretione justiciariorum
How long a time should be "reasonable" the law does not define; it depends on the discretion of the judges.
Quam rationabilis debet esse finis, non detnitur, sed omnibus circumstantiis inspectis pendet ex justiciariorum discretione
How reasonable a fine should be is not defined, but depends on the discretion of the judges, after all the circumstances have been considered.
abuse of discretion
An adjudicator's failure to exercise sound reasonable, and legal decision-making. 2. An appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, or illegal. See discretion.
administrative discretion
A public official's or agency's power to exercise judgment in the discharge of its duties.
administrative discretion.
See DISCRETION.
discretion
1. A public official's power or right to act in certain circumstances according to personal judgment and conscience. - Also termed discretionary power.
discretion, abuse of
See ABUSE OF DISCRETION.
discretionary
adj. (Of an act or duty) involving an exercise of judgment and choice, not an implementation of a hardand-fast rule. 0 Such an act by a court may be overturned only after a showing of abuse of discretion.
discretionary account
An account that allows a broker access to a customer's funds to purchase and sell securities or commodities for the customer based on the broker's judgment and without first having to obtain the customer's consent to the purchase or sale.
discretionary act
A deed involving an exercise of personal judgment and conscience. - Also
discretionary damages
Damages (such as mental anguish or pain and suffering) that are not definitive but are measurable by the enlightened conscience of an impartial juror.
discretionary function
See DISCRETIONARY ACT.
discretionary immunity
A qualified immunity for a public official's acts, granted when the act in question required the exercise of judgment in carrying out official duties (such as planning and policy-making). 28 USCA § 2680(a)."Probably no one test will control the decision on discretionary immunity. Although the fact that the government has omitted to act is not in itself a defense, the discretionary immunity is frequently emphasized in nonfeasance cases. On the other hand, where the government's activity is affirmative, specific, and in violation of a statute, regulation, or constitutional provision imposing a duty upon government, courts are often willing to say there is no room for discretion." Prosser and Keeton on the Law of Torts § 131, at 1041-42 (W. Page Keeton ed., 5th ad. 1984).
discretionary order
See ORDER (4).
discretionary power
See DISCRETION (1).
discretionary review
The form of appellate review that is not a matter of right but that occurs only with the appellate court's permission. See CERTIORARI.
discretionary trust
A trust in which the trustee alone decides whether or how to distribute the trust property or its income to the beneficiary. ( The beneficiary, in other words, has no say in the matter.
investment discretion
The ability of a person to (1) determine what will be purchased or sold by or for an account, (2) decide what will be purchased or sold by or for the account even though another may have the responsibility, or (3) influence the purchase or sale of securities or property in a way that, according to an administrative agency such as the Securities and Exchange Commission, should be subject to the agency's governing rules and regulations.
judicial discretion
See DISCRETION.
legal discretion
See judicial discretion under DISCRETION.
nondiscretionary trust
See fixed trust.
prosecutorial discretion
See DISCRETION.
termed discretionary function
See DISCRETION; ABUSE OF DISCRETION.