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The Term "May" Indicates A Grant Of Discretion

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  • Legalbear
    The legislature s use of the term may indicates a grant of discretion or choice among alternatives. Id. [T]o say that a court has discretion in resolving an
    Message 1 of 1 , Jan 13, 2014
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      The legislature's use of the term "may" indicates a grant of discretion or choice among alternatives. Id. "[T]o say that a court has discretion in resolving an issue means that it has the power to choose between two or more courses of action and that it is therefore not bound in all cases to select one over the other." Carruthers v. Carrier Access Corp., 251 P.3d 1199, 1203-04 (Colo. App.2010) (quoting Bruce W. Higley Defined Benefit Annuity Plan v. Kidder, Peabody & Co., 920 P.2d 884, 891 (Colo.App.1996)).

       

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