discretionary acts

discretionary acts
Those acts wherein there is no hard and fast rule as to course of conduct that one must or must not take and, if there is clearly defined rule, such would eliminate discretion. Elder v. Anderson, 205 Cal.App.2d 326, 23 Cal.Rptr. 48, 51.
Option open to judges and administrators to act or not as they deem proper or necessary and such acts or refusal to act may not be overturned without a showing of abuse of discretion, which means an act or failure to act that no conscientious person acting reasonably could perform or refuse to perform. One which requires exercise in judgment and choice and involves what is just and proper under the circumstances. Burgdorf v. Funder, 246 Cal. App.2d 443, 54 Cal.Rptr. 805
See also discretion

Black's law dictionary. . 1990.

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  • discretionary acts — Those acts wherein there is no hard and fast rule as to course of conduct that one must or must not take and, if there is clearly defined rule, such would eliminate discretion. Elder v. Anderson, 205 Cal.App.2d 326, 23 Cal.Rptr. 48, 51. Option… …   Black's law dictionary

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