- 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; absolutely in power; capriciously; tyrannical; despotic; Cornell v. Swisher County, Tex.Civ.App., 78 S.W.2d 1072, 1074.Without fair, solid, and substantial cause; that is, without cause based upon the law, U. S. v. Lotempio, D.C. N.Y., 58 F.2d 358, 359;not governed by any fixed rules or standard. Willful and unreasoning action, without consideration and regard for facts and circumstances presented. In re West Laramie, Wyo., 457 P.2d 498, 502.Ordinarily, "arbitrary" is synonymous with bad faith or failure to exercise honest judgment and an arbitrary act would be one performed without adequate determination of principle and one not founded in nature of things. Huey v. Davis, Tex.Civ.App., 556 S.W.2d 860, 865@ arbitrary and capriciousCharacterization of a decision or action taken by an administrative agency or inferior court meaning willful and unreasonable action without consideration or in disregard of facts or law or without determining principle. Elwood Investors Co. v. Behme, 79 Misc.2d 910, 361 N.Y.S.2d 488, 492.See also rational basis test@ arbitrary powerPower to act according to one's own will; especially applicable to power conferred on an administrative officer, who is not furnished any adequate determining principle. Fox Film Corporation v. Trumbull, D.C.Conn., 7 F.2d 715, 727@ arbitrary punishmentThat punishment which is left to the decision of the judge, in distinction from those defined by statute.See sentence@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.