Arbitrary and capricious

What arbitrary and capricious means

In practice, you will see arbitrary and capricious in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where arbitrary and capricious comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Administrative Procedure Act.

How to research the term

Start with the primary source. For example, if arbitrary and capricious appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read arbitrary and capricious in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the current federal court rules online for free.

Related legal terms

• Appearance of impropriety: a standard of judicial ethics.
• Appellant: the party who appeals.
• Appellee: the party responding to an appeal.
• Application: a formal request.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.