What makes a decision arbitrary and capricious?
When a judge makes a decision without reasonable grounds or adequate consideration of the circumstances, it is said to be arbitrary and capricious and can be invalidated by an appellate court on that ground.
What is the arbitrary or capricious test?
The arbitrary-or-capricious test is a short-hand term for the scope-of-judicial-review provision in section 706(2)(A) of the APA directing reviewing courts to invalidate agency actions found to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
What is an arbitrary claim?
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.
What is the legal definition of capricious?
Given to sudden and unaccountable changes of mood or behavior. A standard for review for appeal, often seen in administrative law.
What is capricious conduct?
An act is capricious when it is done without reason, in a whimsical manner, implying either a lack of understanding of or a disregard for the surrounding facts and settled controlling principles.
When would an agency ruling be considered arbitrary or capricious?
Conversely, an agency action is arbitrary or capricious if the decision is “’baseless’ or ‘despotic’ and ‘a sudden turn of mind without apparent motive; a freak, whim, mere fancy. ‘” City of Reno v. Estate of Wells, 110 Nev.
What is a capricious decision?
capricious. adv., adj. 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. A semi-polite way of saying a judge is inconsistent or erratic.
What are examples of arbitrary?
Arbitrary is defined as something that is determined by judgment or whim and not for any specific reason or rule. An example of an arbitrary decision would be a decision to go to the beach, just because you feel like it.
What is arbitrary discretion?
a decision that is made wrongfully possibly due to whim or for the wrong or unsound reasons.
How do you use arbitrary and capricious in a sentence?
Your Honour, from my perspective I am trying to understand the arbitrary and capricious argument that my learned friends are putting forward. Georgia, the Supreme Court temporarily ended the death penalty in America, deeming its application arbitrary and capricious.
Is capricious a legal term?
capricious. adv., adj. 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.
Does arbitrary and capricious apply to adjudication?
Under the Administrative Procedure Act (APA), an administrative action can be invalidated as arbitrary and capricious if the agency fails to sufficiently explain the reasons for its choices. This principle applies to agency adjudication as well as to agency rulemaking.
What does capricious action mean?
What makes something arbitrary?
What does it mean to act arbitrarily?
subject to individual will or judgment without restriction; contingent solely upon one’s discretion: an arbitrary decision. decided by a judge or arbiter rather than by a law or statute.
What is not arbitrary?
Definitions of nonarbitrary. adjective. not subject to individual determination. synonyms: unarbitrary prescribed.
What are examples of capricious?
The definition of capricious is someone or something that is subject to sudden, unpredictable changes. An example of capricious is someone who decides they don’t want to go somewhere while already on the way.
What is the arbitrary-and-capricious standard?
Rather, the phrase is merely a shorthand expression for a vast body of law applying the arbitrary-and-capricious standard in ways that include focus on procedural regularity, substantive merit, and faithful execution of fiduciary duties.”
What is the ERISA law?
The ERISA law (Employee Retirement Income Security Act) was passed by Congress in 1974 primary to address problems with the administration of pension benefits and to offer more protection to employees’ retirement income security.
What factors can lead to a decision being arbitrary and capricious?
Other factors that have led courts to conclude a decision was arbitrary and capricious include the following: In the Holmstrom case, the court found the insurance company was guilty of “moving the ball,” which meant that the insurer demanded certain evidence, and when it was provided, it was rejected without legitimate reason.
Are disability insurance benefit determinations arbitrary and capricious?
Other grounds for finding benefit determinations arbitrary and capricious are when the insurance company uses the wrong occupation in assessing a disability claim or holds the claimant to standards higher than what the policy requires.