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ABUSE

(A) mistreatment of a person, e.g. spousal abuse, child abuse. (B) extreme, excessive and/or wrongful use of something, e.g. substance abuse. (C) bankruptcy, when a debtor wrongfully uses Chapter 7 even though the debtor has sufficient assets and/or qualifying income to be able to satisfy a repayment plan to creditors as per Chapter 13.

Law Dictionary – Alternative Legal Definition

(verb) – To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use; to make an extravagant or excessive use, as to abuse one’s authority. In the civil law, the borrower of a chattel which, in its nature, cannot be used without consuming it, such as wine or grain, is said to abuse the thing borrowed if he uses it.

(noun) – Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. Of corporate franchises. The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done or caused to be done; the use of rights or franchises as a pretext for wrongs and injuries to the public. Of judicial discretion. This term, commonly employed to justify an interference by a higher court with the exercise of dis-cretionary power by a lower court, implies not merely error of judgment, but perversity of will, passion, prejudice, partiality, or moral delinquency. The exercise of an honest judgment, however erroneous it may appear to be, is not an abuse of discretion. Where a court does not exercise a discretion in the sense of being discreet, circumspect, prudent, and exercising cautious judgment, it is an abuse of discretion.
Of a female child. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration. But, according to other authorities, “abuse” is here equivalent to ravishment or rape. Of distress. The using an animal or chattel distrained, which makes the distrainer liable as for a conversion. Of process. There is said to be an abuse of process when an adversary, through the malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent. Wharton. A malicious abuse of legal process is where the party employs it for some unlawful object, not the purpose which it is intended by the law to effect; in other words, a perversion of it.

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