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
b: marked by or resulting from the unrestrained exercise of power
protection from arbitrary arrest and detention
3 a: based on preference, bias, prejudice, or convenience rather than on reason or fact
an arbitrary standard
different provisions for the married and the unmarried were irrational and arbitrary — K. A. Cohen
b: existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law
— often used in the phrase arbitrary and capricious
an agency finding or conclusion of lack of evidence would be arbitrary and capricious if the record afforded no substantial basis for such a findingIrvin v. Hobby, 131 F. Supp. 851 (1955)
◇ Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's action, findings, or conclusions determined upon review to be arbitrary.
ar·bi·trar·i·ly /ˌär-bə-'trer-ə-lē/ adv
ar·bi·trar·i·ness /'är-bə-ˌtrer-ē-nəs/ n

Merriam-Webster’s Dictionary of Law. . 1996.

I adjective according to desires, capricious, contrary to reason, determined by no principle, done at pleasure, fanciful, illogical, independent of law, independent of rule, infinitus, injudicious, irrational, libidinosus, nonrational, perverse, unaccountable, unjustified, unreasonable, unreasoned, without adequate determining principle, without consideration, without reason, without substantial cause associated concepts: arbitrary act, arbitrary action, arbitrary and capricious, arbitrary classification, arbitrary determination, arbitrary standards, arbitrary verdict II index contemptuous, dictatorial, disobedient, haphazard, irresponsible, tyrannous, unpredictable, unwarranted

Burton's Legal Thesaurus. . 2006

At whim or at random instead of according to logic or rules; capricious.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

Based on individual discretion, not supported by fair or substantial cause or reason, such as discriminating against someone simply because they have a beard or other personal characteristic; often used in reference to a judge's ruling in a court case.
Category: Real Estate & Rental Property → Renters' & Tenants' Rights
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

1 Determined or founded on individual discretion, especially when based on one's opinion, judgment, or prejudice, rather than on fixed rules, procedures, or law.
2 Absolute; despotic; completely unreasonable; lacking any rational basis. This type of decision is often called arbitrary and capricious.

Webster's New World Law Dictionary. . 2000.

Irrational; capricious.

Dictionary from West's Encyclopedia of American Law. 2005.

Irrational; capricious.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

   not supported by fair or substantial cause or reason. Most often it is used in reference to a judge's ruling.

Law dictionary. . 2013.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • 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

  • 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;… …   Black's law dictionary

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