When used in reference to a judge’s ruling in a court case, arbitrary means based on individual discretion rather than a fair application of the law. For example, finding someone guilty of a crime simply because they have a beard would be an arbitrary decision. However,…
A guide to arbitrary
Historically, arbitrary has also been used to describe the actions of the executive and legislative branches. The concern of arbitrariness arose in part because chancellors’ broad discretionary powers were often accused of being arbitrary. In a democracy, arbitrariness cannot be allowed, but discretion is sometimes allowed by law.
Why arbitrary is relevant in U.S. law
arbitrary appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
When and how arbitrary applies
In practice, arbitrary is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.