Duhaime's Law Dictionary


Manifest Abuse of Discretion Definition:

An American standard of judicial review: discretion exercised improvidently or thoughtlessly and without due consideration.

In Beverly Enterprises, Justice Hannah wrote:

"Certiorari is available in the exercise of this court's superintending control over a tribunal that is proceeding illegally where no other adequate mode of review has been provided. It applies where the proceedings are erroneous on the face of the record and where it is apparent on the face of the record that there has been a plain, manifest, clear, and gross abuse of discretion.

"A manifest abuse of discretion is discretion exercised improvidently or thoughtlessly and without due consideration."

In Malicoat, the Indiana Court of Appeal preferred:

"[M]anifest abuse of discretion ... is when the trial court's decision is clearly against the logic and the facts of the case."

But, then, in Bitterrooters, the Montana Supreme Court used these words:

"A manifest abuse of discretion is one that is obvious, evident, or unmistakable."

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