arbitrary


arbitrary
In an unreasonable manner, as fixed or done capriciously or at pleasure. Without adequate determining principle; not founded in the nature of things; nonrational; not done or acting according to reason or judgment; depending on the will alone; absolutely in power; capriciously; tyrannical; despotic; Cornell v. Swisher County, Tex.Civ.App., 78 S.W.2d 1072, 1074.
Without fair, solid, and substantial cause; that is, without cause based upon the law, U. S. v. Lotempio, D.C. N.Y., 58 F.2d 358, 359;
not governed by any fixed rules or standard. Willful and unreasoning action, without consideration and regard for facts and circumstances presented. In re West Laramie, Wyo., 457 P.2d 498, 502.
Ordinarily, "arbitrary" is synonymous with bad faith or failure to exercise honest judgment and an arbitrary act would be one performed without adequate determination of principle and one not founded in nature of things. Huey v. Davis, Tex.Civ.App., 556 S.W.2d 860, 865
@ arbitrary and capricious
Characterization of a decision or action taken by an administrative agency or inferior court meaning willful and unreasonable action without consideration or in disregard of facts or law or without determining principle. Elwood Investors Co. v. Behme, 79 Misc.2d 910, 361 N.Y.S.2d 488, 492.
@ arbitrary power
Power to act according to one's own will; especially applicable to power conferred on an administrative officer, who is not furnished any adequate determining principle. Fox Film Corporation v. Trumbull, D.C.Conn., 7 F.2d 715, 727
@ arbitrary punishment
That punishment which is left to the decision of the judge, in distinction from those defined by statute.
@

Black's law dictionary. . 1990.

Synonyms:

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  • arbitrary — ar·bi·trary / är bə ˌtrer ē/ adj 1: depending on individual discretion (as of a judge) and not fixed by standards, rules, or law the manner of punishment is arbitrary 2 a: not restrained or limited in the exercise of power an arbitrary government …   Law dictionary

  • Arbitrary — Ar bi*tra*ry, a. [L. arbitrarius, fr. arbiter: cf. F. arbitraire. See {Arbiter}.] 1. Depending on will or discretion; not governed by any fixed rules; as, an arbitrary decision; an arbitrary punishment. [1913 Webster] It was wholly arbitrary in… …   The Collaborative International Dictionary of English

  • arbitrary — [är′bə trer΄ē] adj. [L arbitrarius < arbiter, ARBITER] 1. not fixed by rules, but left to one s judgment or choice; discretionary [arbitrary decision, arbitrary judgment] 2. based on one s preference, notion, whim, etc.; capricious [young… …   English World dictionary

  • arbitrary — [adj1] whimsical, chance approximate, capricious, discretionary, erratic, fanciful, frivolous, inconsistent, injudicious, irrational, irresponsible, offhand, optional, random, subjective, supercilious, superficial, unaccountable, unreasonable,… …   New thesaurus

  • arbitrary — (adj.) early 15c., deciding by one s own discretion, from O.Fr. arbitraire (14c.) or directly from L. arbitrarius depending on the will, uncertain, from arbiter (see ARBITER (Cf. arbiter)). The original meaning gradually descended to capricious… …   Etymology dictionary

  • arbitrary — autocratic, *absolute, despotic, tyrannical, tyrannous Analogous words: *dictatorial, authoritarian, magisterial, oracular: domineering, *masterful, imperious, peremptory, imperative Antonyms: legitimate Contrasted words: *lawful, legal, licit …   New Dictionary of Synonyms

  • arbitrary — ► ADJECTIVE 1) based on random choice or personal whim. 2) (of power or authority) used without constraint; autocratic. DERIVATIVES arbitrarily adverb arbitrariness noun. ORIGIN Latin arbitrarius, from arbiter judge, supreme ruler …   English terms dictionary

  • Arbitrary — For the concept of arbitrariness in trademark law, see Trademark distinctiveness. Arbitrary is a term given to choices and actions which are considered to be done not by means of any underlying principle or logic, but by whim or some decidedly… …   Wikipedia

  • arbitrary — 01. Application of the death penalty is much too [arbitrary] to be allowed in a civilized society. 02. The government has been terrorizing people through [arbitrary] arrests and indefinite detentions. 03. If you don t explain your marking system… …   Grammatical examples in English

  • arbitrary — adjective Date: 15th century 1. depending on individual discretion (as of a judge) and not fixed by law < the manner of punishment is arbitrary > 2. a. not restrained or limited in the exercise of power ; ruling by abso …   New Collegiate Dictionary


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