Arbitrary, capricious and unreasonable

Arbitrary, capricious and unreasonable

Arbitrary, capricious and unreasonable is a legal concept in American jurisprudence.

In the State of New York it is one of the legal grounds under which a government official's official action may be challenged in the state court of law under "Article 78" of the "Civil Practice Law and Rules", New York State's statutory procedure for such action . It is a concept in this state's administrative law. The formal procedure by which such an action is litigated is known in New York as an "Article 78 proceeding".

See also

*Administrative law

*Certiorari


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  • capricious — ca·pri·cious /kə pri shəs, prē / adj 1: governed or characterized by impulse or whim: as a: lacking a rational basis b: likely to change suddenly 2: not supported by the weight of evidence or established rules of law often used in the phrase… …   Law dictionary

  • 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 — 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

  • unreasonable — un·rea·son·able adj: not reasonable: beyond what can be accepted: as a: clearly inappropriate, excessive, or harmful in degree or kind an unreasonable delay an unreasonable restraint of trade b: lacking justification in fact or circumstance an… …   Law 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

  • 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

  • arbitrary — /ˈabətrəri / (say ahbuhtruhree), /ˈabətri / (say ahbuhtree) adjective 1. subject to individual will or judgement; discretionary. 2. not attributable to any rule or law; accidental: *the only significance her smile could have had was that of an… …   Australian-English dictionary

  • unreasonable — [adj1] not logical or sensible absurd, all wet*, arbitrary, biased, capricious, contradictory, erratic, fallacious, far fetched, foolish, full of hot air*, headstrong, illogical, incoherent, incongruous, inconsequential, inconsistent, invalid,… …   New thesaurus

  • capricious — [adj] given to sudden behavior change any way the wind blows*, arbitrary, blowing hot and cold*, careless, changeful, contrary, crotchety, effervescent, erratic, every which way*, fanciful, fickle, fitful, flaky*, flighty, freakish, gaga*, helter …   New thesaurus

  • arbitrary — I (New American Roget s College Thesaurus) adj. despotic, dictatorial; capricious; unreasonable; discretionary, willful. See illegality, authority, will.Ant., planned. II (Roget s IV) modif. 1. [Capricious; said of people ] Syn. willful,… …   English dictionary for students

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