Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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.
nondiscretionary trust
See fixed trust.
termed discretionary function
See DISCRETION; ABUSE OF DISCRETION.