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Discretionary
(di-skresh-
ə-ner-ee)
B.  An act or duty involving an exercise of judgment or choice that is not the implementation of a hard and fast rule.

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Legal Definition -  adj. (An act or duty) involving an exercise of judgment or choice that is not the implementation of a hard and fast rule.  Such an act by a court may be overturned only after a showing of abuse of discretion.
Black's Law Dictionary® Eighth Edition © 2004

Recent Usage - 

"For a lame duck, President Bush looked remarkably spry last week, announcing a series of policy initiatives that caught many in Washington off guard. But that changed last week. On Tuesday, Bush announced new sanctions against Sudan and a nominee for World Bank president who was quickly embraced by both parties and allies around the world. George C. Edwards III, a presidential scholar at Texas A&M University, said Bush appeared to be trying to stay relevant by relying on his discretionary powers — the ability to order the federal bureaucracy to take action — instead of the more powerful influence he wields when his public standing is high and his party is in charge. 'Presidents are never lame ducks when it comes to discretionary authority,' Edwards said. "But these [initiatives] are not the same as a substantive diplomatic initiative to bring peace to the Middle East, and it's not the same as trying to drive bills through Congress."
Maura Reynolds, Los Angeles Times Staff Writer June 3, 2007  Read More

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