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Not required.

For example, if a judge has power to decide the appropriate outcome, punishment, or prison sentence we would say the judge has discretionary authority.

But keep in mind that even where a judge has discretionary authority her decision is subject to appellate review. If a judge abuses her discretion, her decision can be overturned on appeal. 


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Sample Sentences

The appellate court reviewed the trial court judge’s decision to deny the party’s motion to amend its complaint for abuse of discretion.

The contract provided the seller with discretionary power as to whether to accept late orders.

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