capricious | Wex | US Law | LII / Legal Information Institute www.law.cornell.edu › Wex
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Arbitrary or capricious means a determination or action done without rational basis, or done in bad faith, or that it constituted disparate treatment, ...
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Arbitrary and Capricious means willful and unreasoning action without due consideration and in disregard of the facts, circumstances, and rights of other ...
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29 Oct 2020 · Conversely, an agency action is arbitrary or capricious if the decision is “'baseless' or 'despotic' and 'a sudden turn of mind without apparent ...
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Arbitrary and Capricious means doing something according to one?s will or caprice and therefore conveying a notion of a tendency to abuse the possession of ...
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Black's Law Dictionary defines “arbitrary and capricious” as “[a] willful and unreasonable action without consideration or in disregard of facts or law.” ...
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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 ...
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The arbitrary-or-capricious test is a legal standard of review used by judges to assess the actions of administrative agencies. It was originally defined in a ...
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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 ...
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Given the de novo review standard by an appellate court, an agency action is considered “arbitrary and capricious if the agency offers insufficient reasons for ...
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For agency decisions, the "arbitrary and capricious" standard generally requires only that there be a "rational" foundation, meaning that an agency decision ...
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18 Oct 2019 · The words “arbitrary and capricious” are actually found within the APA. The APA requires that to set aside agency actions that are not subject ...
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8 Aug 2021 · Other grounds for finding benefit determinations arbitrary and capricious are when the insurance company uses the wrong occupation in assessing ...
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Courts can overturn agency rules if they find the underlying rationale or factual assertions to be unreasonable. Section 706(2)(A) of the Administrative ...
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14 Nov 2018 · An agency's decision is also arbitrary if it is made without regard for the facts, relies on fact findings that are not supported by any ...
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