Law, Fact and Discretion — KSLU Jurisprudence Notes

Law, Fact and Discretion

Question of…	Decided by	Example
Law	The judge, by authority	What “possession” means in the statute
Fact	Evidence — judge/jury	Whether the accused held the knife
Judicial discretion	The judge’s reasoned choice within legal limits	Quantum of sentence, granting an injunction

The discretion point that wins marks: discretion is not arbitrary choice — it must be exercised judicially, on reasons, within the statute’s purpose; unguided discretion is the seed of arbitrariness that Article 14 forbids.