Which of the following is a non-application of mind so far as the exercise of discretion is concerned
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Answer:
Which of the following is a non-application of mind so far as the exercise of discretion is concerned
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The answer is AUTHORITY:
Explanation:
- The authority is regarded to have not exercised its discretion at all, or to have failed to exercise discretion–"non-application of mind"
- In layman's terms, discretion involves choosing from the different available options without regard to any predefined criterion, regardless of how whimsical that choice may be.
- A person making a will has complete control over how his property is distributed, no matter how arbitrary or whimsical.
- When the term 'discretion' is qualified by the word 'administrative,' however, it has a slightly different connotation. In this context,
- 'discretion' means choosing among the different available options while adhering to the standards of reason and justice rather than personal preferences.
- This exercise must be legal and consistent, not arbitrary, vague, or fantastical.
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