WebOct 29, 2024 · The APA instructs courts to overturn an agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2) (A). Unless judicial review is further limited by legislation, this arbitrary-or-capricious test is one basis to challenge a final administrative decision. WebIn a brand-new lawsuit, attorneys for Richard’s Disposal claim the city council’s decision not to award that company a six-year contract was “arbitrary and capricious.” Richard’s now wants a...

Capricious - FindLaw Dictionary of Legal Terms

WebArbitrary or capricious means a decision that is not based on legitimate business needs or that is knowingly false. Arbitrary or capricious means a determination or action done … WebWhen 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. In other words there should be absence … heather jean elwood md

Capricious Definition & Meaning - Merriam-Webster

WebThe appellate court must “uphold a decision of the OSHRC unless it is arbitrary and capricious, not in accordance with the law, or in excess of the authority granted by the OSHA….[T]he Commission’s factual findings [are reviewed] under the substantial evidence standard; and [the court] accept[s] reasonable factual inferences drawn by the ... WebArbitrary Irrational; capricious. 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 … Webin the prison's law library and his request for the translation of various legal documents, including his trial transcript, which is over 1,000 pages long. ... "arbitrary, capricious, or unreasonable, or not supported by substantial credible evidence in the record as a whole." Stallworth, 208 N.J. at 194 (citation omitted); accord Jenkins v. N ... movie long way home