Is a juvenile court's mistaken belief about the scope of its discretion an improper exercise of discretion?

California, United States of America


The following excerpt is from L.A. Cnty. Dep't of Children & Family Servs. v. G.H. (In re J.M.), B246692 (Cal. App. 2013):

The juvenile court's mistaken belief about the scope of its discretion constitutes a failure to exercise discretion, which is itself an improper exercise of discretion. (Olsen v.

Page 20

Other Questions


What is the test for determining whether a trial court's exercise of discretion is within the scope of discretion? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
How much discretion, within reason, does the Supreme Court have to exercise in deciding whether to limit the scope of limits on the use of certain constitutional provisions? (California, United States of America)
What is the test for a reviewing court not to disturb the exercise of a trial court's discretion? (California, United States of America)
How has the court exercised its exercise of discretion in determining that none of the documents considered should be disclosed to the defense at an in camera hearing? (California, United States of America)
What is the scope of discretion of the courts in deciding whether to grant discretion to a city councilor in a discretionary action? (California, United States of America)
Does submitting on a social worker's recommendation to the juvenile court waive a parent's right to challenge a juvenile court decision accepting the recommendation? (California, United States of America)
How have courts exercised discretion to impose the upper term sentence for abuse of discretion? (California, United States of America)
What is the test for review of a trial court's exercise of discretion in admitting or excluding evidence? (California, United States of America)
What is the test for determining whether a person is entitled to exercise their right to exercise exercise without fear or intimidation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.