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Simple English definitions for legal terms
arbitrary
Read a random definition: expressio unius est exclusio alterius
A quick definition of arbitrary:
Arbitrary: When someone makes a decision based on their own feelings instead of following the rules, it is called arbitrary. For example, if a judge finds someone guilty of a crime just because they have a beard, that would be an arbitrary decision. Sometimes, judges are allowed to use their own judgment, but they still have to follow the rules and look at the facts of the case. In a democracy, we don't want people to make decisions just because they feel like it, but sometimes the law allows people to use their own judgment.
A more thorough explanation:
Definition: Arbitrary means based on individual discretion rather than a fair application of the law.
For example, if a judge finds someone guilty of a crime simply because they have a beard, that decision would be considered arbitrary. However, it's important to note that a discretionary decision is not always arbitrary. Sometimes, the law gives judges discretionary powers, but they still have to act within certain boundaries when applying general principles of law to a particular case. If a judge acts in disregard of the evidence or ignores established precedent, that would be considered arbitrary.
Historically, arbitrary has also been used to describe the actions of the executive and legislative branches. In a democracy, arbitrariness cannot be allowed, but discretion is sometimes allowed by law.
Example: A judge sentences a person to jail for 10 years for stealing a candy bar. This decision would be considered arbitrary because it's not a fair application of the law. The punishment doesn't fit the crime.
Example: A police officer pulls over a driver for speeding and gives them a warning instead of a ticket. This decision is discretionary, but it's not arbitrary because the officer is still following the law and using their discretion within the boundaries of the law.