Capricious Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Capricious, written in plain English, along with examples of how it is used.

What is Capricious?

(adj) Capricious are the judicial decisions ,or orders which are not based on a structured rule, logic, provisions or established procedures and hence they are un predictable. The term is also used to qualify a judge who is inconsistent in his decisions

History and Meaning of Capricious

The term "capricious" is commonly used in the legal world to describe a decision or order that lacks structure, reason, or consistency. The word "capricious" is derived from the Latin "capricio," which means "whim" or "fanciful notion." In the legal sense, a capricious decision or order is unpredictable, unreasoned, and lacks the support of established procedures.

Examples of Capricious

  1. A judge who grants custody of a child to a parent without considering their fitness as a caregiver could be accused of making a capricious decision.

  2. If a zoning board denies a construction permit without following its usual standards or providing a clear rationale, its decision may be considered capricious.

  3. A disciplinary board that imposes disparate punishment on employees for similar infractions could be accused of engaging in capricious behavior.

Legal Terms Similar to Capricious

  1. Arbitrary: A decision or action that is not based on reason, established procedures or provisions, or is inconsistent with the law.

  2. Capricious and Arbitrary: These two terms are often used interchangeably to describe decisions and orders that lack structure or reason.

  3. Unpredictable: A decision, order, or action that is difficult or impossible to forecast or anticipate due to its lack of consistent logic or reason.