Topic: an arbitrary or capricious exercise of discretion is one fo… · Go Syfert
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Topic #3184

8 canonical passages across 4 cases, quoted by 99 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Eighth Judicial District Court ex rel. County of Clark.

#Case FlagCanonical passage Citers
1 State v. Eighth Judicial District Court ex rel. County of Clark Anchor
nev · 2011
green “an arbitrary or capricious exercise of discretion is one founded on prejudice or preference rather than on reason, or contrary to the evidence or established rules of law.” 24
2 Goicoechea v. Fourth Judicial District Court Ex Rel. County of Elko
nev · 1980
green “will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration” 17
3 State v. Eighth Judicial District Court ex rel. County of Clark
nev · 2011
green “a manifest abuse of discretion is a clearly erroneous interpretation of the law or a clearly erroneous application of a law or rule.” 17
4 Goicoechea v. Fourth Judicial District Court Ex Rel. County of Elko
nev · 1980
green “if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration” 16
5 Cote v. Eighth Judicial District Court
nev · 2008
green “while an appeal generally constitutes an adequate and speedy remedy precluding writ relief, we have, nonetheless, exercised our discretion to intervene 'under circumstances of urgency or strong necessity, or when an important issue of law needs clarification and sound judicial e…” 10
6 Goicoechea v. Fourth Judicial District Court Ex Rel. County of Elko
nev · 1980
green “a writ of prohibition . . . will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration.” 7
7 Collier v. Legakes
nev · 1982
green “in extreme cases where the appearance of unfairness or impropriety is so great that the public trust and confidence in our criminal justice system could not be maintained without such action.” 4
8 Collier v. Legakes
nev · 1982
green “while mandamus lies to enforce ministerial acts or duties and to require the exercise of discretion, it will not serve to control the proper exercise of that discretion or to substitute the judgment of this court for that of the lower tribunal,” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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