a polite way of saying a trial judge has made such a bad mistake ("clearly against
reason and evidence" or against established law) during a trial or on ruling on
a motion that a person did not get a fair trial. A court of appeals will use a finding
of this abuse as a reason to reverse the trial court judgment. Examples of "abuse
of discretion" or judges' mistakes include not allowing an important witness to
testify, making improper comments that might influence a jury, showing bias, or
making rulings on evidence that deny a person a chance to tell his or her side of
the matter. This does not mean a trial or the judge has to be perfect, but it does
mean that the judge's actions were so far out of bounds that someone truly did not
get a fair trial. Sometimes the appeals courts admit the judge was wrong, but not
wrong enough to have influenced the outcome of the trial, often to the annoyance
of the losing party. In criminal cases abuse of discretion can include sentences
that are grossly too harsh. In a divorce action, it includes awarding alimony way
beyond the established formula or the spouse's or life partner's realistic ability
to pay.
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