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An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence.
In many instances, the term implies an element of bad faith, and it may be used synonymously with tyrannical or despotic.
If people cannot understand what is being discussed, the possibility of making mistakes increases and can affect the overall quality and progress of the project.
Home Builder Jargon contains a list of Construction Terms that are essential to be able to communicate and understand Construction Terminology.
In establishing the standard by which judicial courts will review the actions of an administrative body, state and federal legislatures seek to provide agencies with enough freedom to do their work effectively and efficiently, while ensuring that individual rights are protected. What depends on the will of the judge, not regulated or established by law. 8) says, Optima lex quae minimum relinquit arbitrio judicis et (Aph. In all well adjusted systems of law every thing is regulated, and nothing arbitrary can be allowed; but there is a discretion which is sometimes allowed by law which leaves the judge free to act as he pleases to a certain extent. An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of The West Wind reigns over the seas surrounding the coasts of these kingdoms; and from the gateways of the channels, from promontories as if from watch-towers, from estuaries of rivers as if from postern gates, from passage-ways, inlets, straits, firths, the garrison of the Isle and the crews of the ships going and returning look to the westward to judge by the varied splendours of his sunset mantle the mood of that nature of his measures, yet much that is exceptionable in this part of his conduct may be traced to rigid notions of duty acquired in that tyrannical school, a ship of war, and to the construction given by his companions to the orders of Mr.
Congress tried to maintain this delicate balance in the (APA).
The APA limits the scope of a reviewing court's authority to determining whether the agency acted arbitrarily and capriciously in exercising its discretion. In making this determination, the reviewing court will not find that the administrative body acted arbitrarily unless the agency failed to follow proper procedures or rendered a decision that is so clearly erroneous that it must be set aside to avoid doing an injustice to the parties. In one case the Ninth Circuit ruled that the Transportation Department acted arbitrarily under NEPA, when it failed to prepare an environmental impact statement, failed to consider whether its regulations would have violated air quality limits, and failed to perform localized analyses for areas most likely to be affected by increased truck traffic.
Specifically, a reviewing court must determine whether the agency articulated a rational connection between the factual findings it made and the decision it rendered.
For example, in the framing category you might see Construction Terms such as "blocking" or "deadwood".One important right recognized in most administrative proceedings is the right of Judicial Review.Citizens aggrieved by the actions of an administrative body may typically ask a judicial court to review those actions for error. Administrative Procedure Act of 1946; Due Process of Law; Judicial Review.adjective according to desires, contrary to reason, determined by no principle, done at pleasure, fanciful, illogical, independent of law, innependent of rule, infinitus, injudicious, irrational, nonrational, perverse, unaccountable, unjustified, unreasonable, unreasoned, without adequate determining principle, without consideration, without reason, without substantial cause Associated concepts: arbitrary act, arbitrary action, arbitrary and capricious, arbitrary classification, arbitrary determinaaion, arbitrary standards, arbitrary verdict ARBITRARY.Over the years these construction Terms have been passed down from generation to generation to produce a large Construction Dictionary of terms.Even though home construction technology has improved over past thirty years, home Construction Terminology has remained primarily the same during this period of time.