Principle

APPELLATE PRACTICE β€” Exercise of Discretion β€” Challenge to β€” Whether Raises Mixed Law and Fact

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A challenge to the exercise of judicial discretion raises mixed law and fact. The appellate court must examine the surrounding circumstances to assess whether the lower court acted judiciously, judicially, or arbitrarily. This involves both factual review (what circumstances existed) and legal review (whether the…

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