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Topic: Discretion

  29CFR541.202 - Discretion and independent judgment.
In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered.
(b) The phrase ``discretion and independent judgment'' must be applied in the light of all the facts involved in the particular employment situation in which the question arises.
Thus, the term ``discretion and independent judgment'' does not require that the decisions made by an employee have a finality that goes with unlimited authority and a complete absence of review.
www.dol.gov /dol/allcfr/esa/Title_29/Part_541/29CFR541.202.htm   (0 words)

 Legal Definition of 'Discretion'
DISCRETION - When it is said that something is left to the discretion of a judge, it signifies that he ought to decide according to the rules of equity, and the nature of circumstances.
The discretion of a judge is said to be the law of tyrants; it is always unknown; it is different in different men; it is casual and depends upon constitution, temper, and passion.
Under seven years, it seems that no circumstances of mischievous discretion can be admitted to overthrow the strong presumption of innocence, which is raised by an age so tender.
www.lectlaw.com /def/d175.htm   (0 words)

 US FDA/CFSAN - Qualified Health Claims Subject to Enforcement Discretion
Note: The bracketed phrase "and calorie" is optional in that FDA does not intend for the presence or absence of such phrase to be a factor in whether it considers enforcement discretion for the use of the qualified health claim.
There is an error in the enforcement discretion letters in the section of "low saturated fat," stating that meal products and main dishes meet all criteria specified for the "low saturated fat" criteria (21 CFR 101.62(c)(2)).
The claim meets all applicable statutory and regulatory requirements under the Federal Food, Drug, and Cosmetic Act, with the exception of the requirement that a health claim meet the significant scientific agreement standard and the requirement that the claim be made in accordance with an authorizing regulation.
www.cfsan.fda.gov /~dms/qhc-sum.html   (0 words)

 Judicial Notebook: Second Circuit Increases Judicial Sentencing Discretion
Judicial discretion was severely limited under the Sentencing Reform Act of 1984, which established guidelines designed to minimize judicial input in sentencing that was believed to result in unwarranted disparity among defendants with similar records found guilty of similar criminal conduct.
With the introduction of the guidelines, federal judges went from having broad and virtually unreviewable sentencing discretion to limited discretion.
In this regard, it is noteworthy that research on the psychology of fairness has devoted relatively little attention to understanding the meaning of retributive justice (just desserts), as opposed to distributive and procedural justice.
www.apa.org /monitor/mar99/jn.html   (700 words)

 Discretion is the New Rule - Mises Institute
In most cases inflation forecasts are "self-made" variables, they do not represent an external anchor for monetary policy, but are dependent on the full discretion of central banks; in practice, IT is discretionary rather than rule-based monetary policy.
It is no longer properly recognized that discretion will necessarily entail human error, and that the greater the degree of discretion is, the greater will presumably be the severity of potential errors.
In fact, the hope that desired objectives can be met through deliberate and careful policy making by experts clearly seems to be outweighing concerns that the cost of policy mistakes under a system of unfettered money supply might become prohibitively high.
www.mises.org /story/2084   (0 words)

 Definition of discretion - Merriam-Webster Online Dictionary
Learn more about "discretion" and related topics at Britannica.com
Find more about "discretion" instantly with Live Search
See a map of "discretion" in the Visual Thesaurus
www.m-w.com /dictionary/discretion   (26 words)

 FASB: Statement 140—Servicer Discretion
Note: The servicer discretion project has now been combined with the transfers of financial assets project (please see the Transfers of Financial Assets website for decisions relating to the permitted activities of a QSPE).
In these redeliberations, the Board decided to address issues pertaining to the permitted activities of a QSPE jointly by combining discussions and decisions related to servicer discretion (formerly a separate project on the Board’s agenda) with the transfers project.
In practice, questions have arisen regarding the level of discretion that a servicer may exercise without being inconsistent with the criteria in paragraph 35(b) of Statement 140, regarding qualifying SPEs and their permitted activities.
www.fasb.org /project/servicer_discretion.shtml   (0 words)

 Viewer Discretion Advised, Will This Warning Increase Andy Rooney's Viewership? - CBS News
The suggestion is that children shouldn't watch it.
What it does, of course, is alert the kids to be sure to watch.
A lot of people hold the Ten Commandments as their standard of decency, but some of those commandments don't make much sense.
www.cbsnews.com /stories/2006/11/22/60minutes/rooney/main2205592.shtml   (0 words)

  Forex Mechanical Discretion
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www.lentrica.co.uk   (1299 words)

  FRB speech: Bernanke--Constrained Discretion and Monetary Policy--February 3, 2003
On the other side of the debate, advocates of discretion have firmly rejected the use of strict rules for policy, arguing that central bankers must be left free to set monetary policy as they see fit, based on their best judgment and the use of all relevant information.
Supporters of discretion contend that policy rules of the type advocated by Friedman are simply too mechanical and inflexible for use in real world policymaking; in particular, simple rules cannot fully accommodate special circumstances or unanticipated events.
In short, under constrained discretion, the central bank is free to do its best to stabilize output and employment in the face of short-run disturbances, with the appropriate caution born of our imperfect knowledge of the economy and of the effects of policy.
www.federalreserve.gov /boarddocs/speeches/2003/20030203/default.htm   (6259 words)

  Judicial discretion - Wikipedia, the free encyclopedia
For example, in determining custody of children in cases of dissolution of marriage (divorce), after condsidering certain factors, which may be set out by statute, the judge may grant custody to the father, the mother, or both, upon the same facts, assuming both are capable parents.
Ordinarly, an appellate court will grant deference to the discretion of the trial court and would not overturn any of those 3 decisions unless an error of Law occurred and/or there was a palpable error in the assessment of evidence.
Mandatory sentencing is the legislative limitation of judicial discretion.
en.wikipedia.org /wiki/Judicial_discretion   (222 words)

 discretion in financial reporting   (Site not responding. Last check: )
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www.angelfire.com /planet/pharm19/49084555/index5.htm   (2203 words)

 Discretion Quotes & Quotations compiled by GIGA
The greatest parts, without discretion as observed by an elegant writer, may be fatal to their owner; as Polyphemus, deprived of his eyes, was only the more exposed on account of his enormous strength and stature.
Discretion is more necessary to women than eloquence, because they have less trouble to speak well than to speak little.
Discretion is the salt, and fancy the sugar of life; the one preserves, the other sweetens it.
www.giga-usa.com /quotes/topics/discretion_t001.htm   (577 words)

 Police Discretion - Associated Content
The officer has little supervision, they are usually put in situations where decisions need to be immediately and discretion must be used at times in order for society to be accepting of officers and their role in society.
A perfect example of individualism and police discretion would be comparing the ideas of a seasoned police officer to that of a rookie officer.
In order to control discretion the only concrete way to do this would be for officers to follow all laws exactly how they are written in every single situation they encounter.
www.associatedcontent.com /article/23232/police_discretion.html?page=2   (545 words)

 Flexibility And Discretion in Police Work - The World and I Magazine
Much as an individual officer has discretion when he or she has the authority to choose how to act in a given situation, a police force has discretion when it can decided how to accomplish the overall tasks before it.
Discretion, in their view, tends to make lawlessness and discrimination in the part of the police easier.
Addressing abuses of discretion directly, by punishing bad officers and reviewing how each officer exercises his or her personal judgment, although often more difficult and expensive, would help to reduce the incidents of police misconduct in a more equitable manner.
www.worldandi.com /public/1992/march/mt6.cfm   (4140 words)

 Abuse of Judicial Discretion
Within the private sector, discretion may be exercised by private officials, such as agents, trustees or corporate officers, who are in principle subject to the supervision of the courts.
However, judges have abused their discretion by adopting the practice of requiring pleadings to be submitted to them by the litigants in writing, and not allowing copies to be provided the jury, nor allowing the attorneys to make legal arguments in the presence of the jury.
The problem is that judges abuse their judicial discretion to protect themselves and other judges from civil and criminal liability for being unduly influenced, such as by bribery, intimidation or cronyism.
www.constitution.org /abus/discretion/judicial/judicial_discretion.htm   (1924 words)

 AdamsDrafting » Blog Archive » “At Its Discretion” Used in Language of Discretion
Using at its discretion in language of discretion is problematic, as it conveys that the party in question wants to be free to act unreasonably, a notion that a court could well frown on.
The first element of this proposition is correct—the discretion granted under a contract is limited, in that as a general matter any party to a contract would be under an obligation to exercise that discretion in good faith.
The terms “sole discretion” and “absolute discretion” with respect to any determination to be made a Party under this Agreement shall mean the sole and absolute discretion of such Party, without regard to any standard of reasonableness or other standard by which the determination of such Party might be challenged.
adamsdrafting.com /system/2006/12/11/at-its-discretion-used-in-language-of-discretion   (1519 words)

Discretion not to enforce is most damaging when it is unevenly exercised from case to case.
Discretion was found to be used at all levels of criminal justice organizations.
It renders prosecutorial discretion with regard to the type of plea involved meaningless thus forcing the prosecutor to revise his procedures to conform with the court's wishes.
www.law.buffalo.edu /Academics/courses/561/materials/Discretion.htm   (8824 words)

 Discretion And The Rule Of Law   (Site not responding. Last check: )
Discretions need to be exercised on the basis of justice or some real justification or even of mere reason.
Discretion may exist in the context of executive, judicial and legislative branches of the modern state.
Executive discretion, in suffering from the effect of immediacy additional to uncertainty, is open to the greatest possible abuse.
www.ourcivilisation.com /cooray/btof/chap183.htm   (223 words)

 INS Prosecutorial Discretion
For example, the INS exercises prosecutorial discretion when deciding whether to initiate a removal case, to allow an alien to withdraw an application for admission, to grant voluntary departure or to defer enforcement action.
Another concern with the exercise of prosecutorial discretion is that if a law enforcement agency provides instructions or regulations on the exercise of prosecutorial discretion that are unduly formalized or rigid, such guidance may potentially be considered to establish a substantive process for conferring an immigration benefit.
Under INA 5236(c), Congress expressly limited the discretion the INS otherwise would have had to release lawfully admitted aliens, aliens who cannot be removed, and aliens cooperating with a criminal investigation even if these individuals have committed relatively minor crimes and pose neither a danger to the community nor a flight risk.
www.immigrationlinks.com /news/news179.htm   (1263 words)

 Discretion - Christian Classics - Praize   (Site not responding. Last check: )
Discretion, and why it is so necessary, may be easily explained.
Discretion endeavours not to speak unless it be for the glory of God and a blessing to neighbors.4
Holy discretion springs, as of its own accord, from a love that would not grieve or abandon Him, from a faith that has its strength for everything in Him.
www.praize.com /classics/article.php?id=312   (783 words)

 Judicial discretion can't be arbitrary- The Times of India   (Site not responding. Last check: )
All this happens due to the misinterpretation of the term "discretion" and its unjust use.
Discretion, the apex court says, is discerning what is right with a critical eye and proper caution.
Thus, discretion cannot be "arbitrary but must be a result of judicial thinking".
timesofindia.indiatimes.com /articleshow/358691.cms   (396 words)

 More Than 27,000 Great Quotations To Inspire You!
Discretion of speech is more than eloquence, and to speak agreeably to him with whom we deal is more than to speak in good words, or in good order.
And there is another more general kind of discretion, for there is no man who does all he would have done if he were assured of getting off scot-free; thus, it is certain that the fear of death does somewhat subtract from valor.
Discretion in speech is more important than eloquence.
www.cybernation.com /quotationcenter/quoteshow.php?type=subject&id=396   (383 words)

 Thoughts on Discretion and Being Discrete by Chris Abraham - Because the Medium is the Message
Discretion is more valued in Washington, DC, than fidelity.
"Discretion is the perfection of reason, and a guide to us in all the duties of life.
"Discretion is the perfection of reason, and a guide to win all the duties of life." -- Addison.
www.chrisabraham.com /2005/07/thoughts_on_dis.html   (689 words)

The government sought to use the existence of this discretion to support its argument that the FDA had discretion to approve carcinogens that posed merely a de minimis risk by claiming that the FDA's decision could be justified as an exercise of the FDA's admitted discretion to make that prior determination.
That Congress intended to leave this issue to the discretion of the FDA is reinforced by an examination of the pertinent legislative history.
Indeed, by giving the Secretary discretion in method selection, Congress may well have contemplated that the risk associated with a compound might be a factor in the Secretary's exercise of that discretion.
www.usdoj.gov /olc/desfin2rev.htm   (8171 words)

 On the Discretion of Adjudicators
The kernel of the rationale for granting discretion to adjudicators is familiar: discretion allows adjudicators to make decisions on the basis of information that is not included in the rule (such as the degree of remorse shown by a criminal defendant).
A basic question that arises in relation to this explanation is why the information that it is hoped adjudicators with discretion will use properly in their decisions is not included in the legal rule in the first place (thereby eliminating the need for discretion).
A direct method that is noted is to limit the extent of discretion (for instance, stipulate that a sentence for a crime be in the range between 1 and 5 years).
ideas.repec.org /p/ecm/nasm04/214.html   (1050 words)

 Police Discretion   (Site not responding. Last check: )
Discretion, uncertainty, and inefficiency are rampant and essential in criminal justice.
In this perspective, discretion is the empty area in the middle of a ring consisting of policies and procedures.
Certainly if the sources of discretion included individual police officer prejudice, whim or caprice, this would be completely wrong, but there are other, more important causes of discretion, as we have discussed.
faculty.ncwc.edu /toconnor/205/205lect09.htm   (2401 words)

 QIS 3 FAQ: D. National Discretion
In many cases, host-country decisions on national discretion items will affect the appropriate capital treatment to be applied to certain exposures in banks' portfolios.
Where this is not possible, the relevant exposures should be excluded from the QIS analysis (though the existence of such exposures should be reported in the relevant sections of the 'Data' worksheet).
Within IRB it is possible to use either an assumed average maturity of 2.5 years (the so called implicit maturity adjustment), or to use the actual maturity of an exposure (the explicit maturity adjustment) following the criteria prescribed in the Technical Guidance.
www.bis.org /bcbs/qis/qis3qa_d.htm   (366 words)

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