arbitrary meaning in law

a certain extent. Also…, Wills that are made by each spouse or two members of a partnership that have…, Subject to whim or mood. However, a discretionary decision is not always arbitrary. not supported by fair or substantial cause or reason. Arbitrary definition, subject to individual will or judgment without restriction; contingent solely upon one's discretion: an arbitrary decision. The truth is that Judd is really just picking an arbitrary number since there is no script. This term is used All information available on our site is available on an "AS-IS" basis. Want High Quality, Transparent, and Affordable Legal Services? Based on or subject to individual judgment or preference: The diet imposes overall calorie limits, but daily menus are arbitrary. Based on or subject to individual judgment or preference: The diet imposes overall calorie limits, but daily menus are arbitrary. §§ 4321 et seq. An arbitrary definition law explains decisions made or actions taken that are not necessarily based on established facts, but instead based in large part on opinions. One important right recognized in most administrative proceedings is the right of Judicial Review. They must also comply with administrative procedures created by popularly elected state and federal legislatures. In legal terms, an arbitrary judgment is a legal decision decided at the discretion of a judge, and is a decision that is not one that is fixed by law. arbitrary vectors arbitrary, capricious (law) fixed arbitrary at 50% flattened an arbitrary airbag FR: Whatever age we choose is arbitrary - grammaire I will keep today’s post light and affably arbitrary. Treloar v. Bigge, L. R. 9 Exch. This term is used in opposition to immutable. The burden falls to the agency to prove that its decision was based on fact and made with regard to established standards. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. Determined by chance, whim, or impulse, and not by necessity, reason, or principle: stopped at the first motel we passed, an arbitrary choice. Learn more. Pub. © Copyright 1995 - 2015 TheLaw.com LLC. Have the Words of the Day from October 19–25, 2020, made an indelible mark on your memory? See Discretion. y (är′bĭ-trĕr′ē) adj. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. Two hundred years ago, in 1765, nine assembled colonies first joined together to demand freedom from arbitrary power. “Affect” vs. “Effect”: Use The Correct Word Every Time. Legal definition for ARBITRARY: Not supported by fair, solid, and substantial cause, and without reason given. 1. undetermined; not assigned a specific value: founded on or subject to personal whims, prejudices, etc; capricious, having only relative application or relevance; not absolute, (of a government, ruler, etc) despotic or dictatorial, (esp of a penalty or punishment) not laid down by statute; within the court's discretion, The science behind how an aircraft glides, Border Report: The Lingering Trauma of Family Separation, Full Transcript: Tomi Lahren on ‘The Carlos Watson Show’, I’m a physician and a CEO. Sometimes an arbitral tribunal is used, which is a panel provided by an organization like the American Arbitration Association. L. 91-190, § 2, Jan. 1, 1970, 83 Stat. The word arbitrary is derived from the Latin work arbitrarius, meaning the source of arbiter, who is the person who must judge a particular matter. For example, courts are often asked to determine whether a federal agency has acted arbitrarily under the national environ-mental policy act (NEPA). explains decisions made or actions taken that are not necessarily based on established facts 3. When used in reference to a judge’s ruling in a court case, arbitrary means based on individual discretion rather than a fair application of the law. A reviewing court's determination that an agency acted in an arbitrary manner will often depend on the technical requirements of the governing law. An arbitrary definition law explains decisions made or actions taken that are not necessarily based on established facts, but instead based in large part on opinions. Administrative agencies derive their authority through vesting clauses in federal and state constitutions to establish rules and regulations, and issue orders arising from disagreements. Times, Sunday Times (2016) Earnings may also be biased by inflation and a long list of arbitrary accounting choices. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. In one case the Ninth Circuit ruled that the Transportation Department acted arbitrarily under NEPA, when it failed to prepare an environmental impact statement, failed to consider whether its regulations would have violated air quality limits, and failed to perform localized analyses for areas most likely to be affected by increased truck traffic. The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will or discretion without regard to rules or standards. © Copyright 1995 - 2015 TheLaw.com LLC. It is possible that the law may not apply to you and may have changed from the time a post was made. The term arbitrary law is used in opposition to immutable law. 8) says, Optima lex quae minimum relinquit arbitrio judicis et (Aph. These cases arise when a business, an individual or, in in the case of a class action suit, a group of individuals asks a court to review a decision which they believe harms them in some way. 8) says, Optima lex quae minimum relinquit The court must also look at the record of the agency to ensure that the decision was based on a reasonable evaluation of the relevant facts. Bacon (Aphor. having unlimited power; uncontrolled or unrestricted by law; based on whim or personal preference, without reason or pattern; This is an unusual encyclopedia, arranged by topics in a more or less arbitrary order. It is not a substitute for professional legal assistance. Although administrative agencies are generally designed to make lawmaking and regulation simpler, more direct, and less formal, they still must provide due process to affected parties. All Rights Reserved, When punishment is left to a judge to make a decision as opposed to being…, practice. The atmosphere of an arbitrary regime engenders almost always "demonomania.". An arbitrator is an official approved to make the final decision in the dispute. Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. Based on the Random House Unabridged Dictionary, © Random House, Inc. 2020, Collins English Dictionary - Complete & Unabridged 2012 Digital Edition Add or request a definition by filling out the short form below! Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012. subject to individual will or judgment without restriction; contingent solely upon one's discretion: decided by a judge or arbiter rather than by a law or statute. A Law Dictionary, Adapted to the Constitution and Laws of the United States. In legal terms, an arbitrary judgment is a legal decision decided at the discretion of a judge, and is a decision that is not one that is fixed by law. Here they must provide due process to the parties affected while complying with the procedures set by federal and state legislature. More specifically, the act said that the reviewing court must figure out whether the agency specified a rational connection between the facts and its decision. The reviewing court must also examine the record to ensure that the agency decision was founded on a reasoned evaluation of the relevant factors. arbitrio judicis et (Aph. The court has the authority to determine how the facts should be applied and depend on the technical application of the governing law.

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