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Understanding Arbitrary And Capricious: A Legal Overview
Definition & Meaning
The term "arbitrary and capricious" refers to actions or decisions made without reasonable justification or consideration of relevant factors. In legal contexts, particularly in the United States, this standard is often applied when reviewing decisions made by lower courts or administrative agencies. A decision is deemed arbitrary and capricious if it lacks a rational basis or if the decision-maker fails to adequately consider the circumstances surrounding the case.
Table of content
Legal Use & context
This term is commonly used in various areas of law, including administrative law, civil law, and appeals. It serves as a standard for reviewing the actions of government agencies and lower courts. When a party believes that a decision was made arbitrarily or without proper consideration, they may appeal the decision based on this standard. Users can manage some of these legal processes themselves by utilizing legal templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A city council decides to deny a business permit without providing any reasons or considering the economic impact on the community. This could be challenged as arbitrary and capricious.
Example 2: A state agency revokes a professional license without considering the individual's prior record or the circumstances of the alleged violation. This decision may also be deemed arbitrary and capricious.
State-by-state differences
Examples of state differences (not exhaustive):
State
Definition Variance
California
California law may require specific procedural steps to demonstrate that a decision was arbitrary and capricious.
Florida
Florida statutes explicitly define arbitrary and capricious actions in the context of administrative hearings.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Abuse of Discretion
A broader term indicating that a decision was made based on improper considerations or without proper legal standards.
Reasonableness
Refers to decisions that are logical and based on sound judgment, contrasting with arbitrary and capricious decisions.
Common misunderstandings
What to do if this term applies to you
If you believe a decision affecting you was arbitrary and capricious, consider the following steps:
Gather evidence that shows the decision lacked reasonable justification.
Document any relevant factors that were not considered.
Consult legal resources or templates on US Legal Forms to understand your options for appeal.
If the situation is complex, seek professional legal assistance.
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