capricious
capricious (k[schwa]-prish-[schwa]s), adj. 1. (Of a person) characterized by or guided by unpredictable or impulsive behavior. 2. (Of a decree) contrary to the evidence or established rules of law. Cf. ARBITRARY.
Search Results for: CAPRICIOUS
capricious disregard
capricious disregard 奇怪的漠视 指故意无视作为一个正常人在推导结论时都不可能忽略的适格的证人证言及相关证据。
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arbitrary and capricious
arbitrary and capricious 任意的和不正规的 用来形容行政机关或下级法院所作的决定或采取的措施，谓其不顾及事实或法律，或不依据一定的处理原则，从而具有任意性。
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proportionality review
proportionality review. Criminal law. An appellate court’s analysis of whether a death sentence is arbitrary, capricious, or excessive by comparing the case in which it was imposed with similar cases in which the death penalty was approved or disapproved. [Cases: Sentencing and Punishment 1788(6).C.J.S. Criminal Law §§ 1531–1532, 1534–1538, 1541–1543, 1608, 1703–1706, 1709.]
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unreasonable
unreasonable, adj. 1. Not guided by reason; irrational or capricious. 2. Not supported by a valid exception to the warrant requirement (unreasonable search and seizure). [Cases: Searches and Seizures 24. C.J.S. Searches and Seizures §§ 14, 16, 23, 50, 58.]
perficere susceptum munus
perficere susceptum munus (p[schwa]r-fis-[schwa]r-ee s[schwa]-sep-t[ schwa]m myoo-n[schwa]s). [Latin] Scots law. To perform the duties of an office undertaken. • One assuming an office could not then capriciously resign from the office. See REBUS INTEGRIS.
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local and special legislation
Legislation that affects only a specific geographic area or a particular class of persons. • Such legislation is unconstitutional if it arbitrarily or capriciously distinguishes between members of the same class. — Also termed class legislation. [Cases: Statutes 76–104. C.J.S. Statutes §§ 148–149, 151–155, 159, 162–201.]
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operative construction
operative construction. 1. The interpretation of a writing or agreement, esp. a contract, statute, or regulation, that is being relied on by the parties, a court, or an administrative agency. 2. Patents. A working embodiment of an invention, usu. used to conceptualize the invention and how it will work rather than to create a working
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arbitrary
arbitrary, adj. 1. Depending on individual discretion; specif., determined by a judge rather than by fixed rules, procedures, or law. 2. (Of a judicial decision) founded on prejudice or preference rather than on reason or fact. • This type of decision is often termed arbitrary and capricious. Cf. CAPRICIOUS.