Abuse of discretion - sustany/dvg GitHub Wiki

Abuse of discretion is a standard of review used by�appellate courts�to review decisions of lower�courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain error.�

The abuse of discretion standard is used by appellate courts to review lower court decisions in both�criminal law�and�civil law when a lower court makes a discretionary ruling. On appeal, if a party challenges the ruling, then the appellate court will use the abuse of discretion standard to review the ruling.�

In�General Electric Co. v. Joiner, 522 U.S. 136 (1997), the�Supreme Court�held�that abuse of discretion standard is the proper standard to use when reviewing evidentiary rulings, including whether to admit or exclude�expert testimony.�

The abuse of discretion standard�is also found in�administrative law.�5 U.S. Code�� 706(2)(a)�states that when a court is reviewing an administrative agency's decision, the decision will be set aside when the decision was either �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.��InMcLane�Co., Inc. v. E.E.O.C., 581 U.S. (2017),�the Supreme Court held that the abuse of discretion review extends to an administrative court's decision to issue a�subpoena.�