arbitrary law meaning

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. Non-elected officials in administrative agencies are delegated this authority in order to streamline the often lengthy and more deliberative process of legislative lawmaking that frequently grinds to a halt amid partisan gridlock. A Law Dictionary, Adapted to the Constitution and Laws of the United States. Add or request a definition by filling out the short form below! In making this determination, the reviewing court will not find that the administrative body acted arbitrarily unless the agency failed to follow proper procedures or rendered a decision that is so clearly erroneous that it must be set aside to avoid doing an injustice to the parties. §§ 4321 et seq. All information available on our site is available on an "AS-IS" basis. arbitrio judicis et (Aph. adj. That punishment which is left to the decision of the judge, in distinction from those defined by statute. The term arbitrary law is used in opposition to immutable law. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. This term is used in opposition to immutable. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. This term is used in opposition to immutable. For example, the arbitrary and capricious standard of review is the principle standard of review used by judicial courts hearing appeals that challenge decisions issued by administrative bodies. One important right recognized in most administrative proceedings is the right of Judicial Review. An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable. LAW, ARBITRARY. Related Legal Terms & Definitions because he wills it, and is not founded in the nature of things; such law, Public Citizen v. Department of Transportation, 316 F. 3d 1002 (9th Cir. For example, the tariff law. Specifically, a reviewing court must determine whether the agency articulated a rational connection between the factual findings it made and the decision it rendered. in opposition to immutable. However, the reviewing court is free to determine how the law should apply to those facts. For example, courts are often asked to determine whether a federal agency has acted arbitrarily under the national environ-mental policy act (NEPA). Although agencies are given wide latitude, reviewing courts must be careful not to rubber-stamp administrative decisions that they deem inconsistent with a statutory mandate or that frustrate the congressional policy underlying a statute. 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. established by law. Usually used in the term arbitrary and capricious which…. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. arbitrary definition: 1. based on chance rather than being planned or based on reason: 2. using unlimited personal power…. 2003). 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