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Although there is no set standard for what is an arbitrary and capricous decision, guidance can be found in Natural Resources Defense Council, Inc. v. United States EPA, 966 F.2d 1292, 1297 (9th Cir. It was originally defined in a provision of the 1946 Administrative Procedure Act (APA), which instructs courts reviewing agency actions to invalidate any that they find to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." unpredictable and subject to whim, often used to refer to judges and judicial decisions which do not follow the law, logic or proper trial procedure. There is, however, no set standard for what constitutes an arbitrary and capricious decision; what appears arbitrary to one judge may seem perfectly reasonable to another. Arbitrary. All the reviewing court must find is a reasonable basis for the agency’s action.
A semi-polite way of saying a judge is inconsistent or erratic. 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.. An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence. "5 U.S.C. 1992). The arbitrary and capricious test for challenging agency actions is hard to meet because it is so deferential. The standard set by the courts is usually a tough one to overcome.
This can be met by the agency showing they acted with rational reasoning and considered relevant facts. Legal Definitions; A; Arbitrary and Capricious; Arbitrary and Capricious Law and Legal Definition.
Example: Paul and Myra, both in their mid-30s, are involved in a disputed custody case. An arbitrary decision is defined as a decision based on a random choice. capricious: adv., adj. If you don’t understand the legal definition, then chances are that you may very well lose your case at trial. In U.S this is one of the basic standards for review of appeals. When government contractors file cases at the various courts, understanding arbitrary and capricious definition and the standard of review in government contracting are essential to planning on the outcome of their case. The arbitrary-or-capricious test is a legal standard of review used by judges to assess the actions of administrative agencies.
Arbitrary and Capricious means doing something according to one’s will or caprice and therefore conveying a notion of a tendency to abuse the possession of power. Irrational; capricious. Arbitrary and Capricious decision making - the difference between the two.
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