Application Quote by Sherrilyn Kenyon
“Though this motion for a new trial is an application to the discretion of the Court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. And that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for the practice of the Court forms the law of the Court.”
About This Quote
Source Legal Opinion: Court Discretion Commentary, Sherrilyn Kenyon, 2022
Judicial discretion should be reasonable, grounded in precedent, and exercised responsibly.
In simple terms: Judges must use sound, limited discretion based on past rules.
Key Takeaway
Respect precedent.
Themes
law
judiciary
precedent
Mood
analytical
cautious
Type
formal
critical
When to use this quote
- court decisions
- policy making
- legal education
Key Concepts
Rule of law
judicial responsibility
Questions to Reflect On
- When should a judge deviate from precedent?
- How to balance flexibility with consistency?
A Different Perspective
Rigid adherence may ignore unique case nuances.
![“[The] discretion of the judge is the first engine of tyranny . . .” quote by Edward Gibbon](https://sms4smile.com/quotes/img-quotes/8d8/edward-gibbon-710_discretion_the-discretion-of-the-judge-is-the-first_407442.jpg)
