Which statement best reflects the concept of judicial discretion?
Correct answer: A. A judge chooses between legally permissible outcomes in an uncertain case
- A. A judge chooses between legally permissible outcomes in an uncertain case
- B. A judge may decide every case without reference to legal rules
- C. A judge must apply the same remedy regardless of the facts
- D. A judge can invalidate any statute considered politically unpopular
Explanation
Judicial discretion operates where legal rules leave a range of permissible choices or where their application is uncertain. It is structured by legal principles, institutional limits and the facts of the case, not unlimited personal freedom.
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About Jurisprudence
Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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