Actio Arbitraria

In the civil law. An arbitrary action; one depending upon the discretion of the judge (ex arbitrio judicis pendens); or in which the judge was allowed to determine, according to equity, the amount of satisfaction due to the plaintiff (permittitur judici ex bono et aequo, secundum cujusque rei de qua actum est naturam, aestimare quemadmodum actori satisfieri oporteat). If the defendant refused to conform to the decision of the judge, he might be condemned at discretion (nisi arbitrio judicis actori satisfaciat, — condemnari debeat). Inst. 4. 6. 31.

An action depending on the discretion of the judge. In this, unless the defendant makes amends to the plaintiff at the judge's discretion, he must be condemned; Hunter, Rom. Daw 9S7. ACTIO BON/E FIDEI (Lat. an action of good faith). A class of actions in which the judge might at the trial take into account any equitable circumstances affecting either of the parties to the action. 1 Spence, Bq. Jur. 210. ACTIO CALUMNIvE. An action to restrain the defendant from prosecuting a trumped up charge against the plaintiff. Hunter, Rom. Law 1020. An action for malicious prosecution. So. Afr. Leg. Diet.

Action depending on the discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be condemned. Id. 825.

Defined under Actio in Black's Law Dictionary.

In the civil law. Action depending on the discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dietuted by the judge in his discretion, he was liable to be condemned. Hunter, Rom. Law, 825.

In the civil kw. An arbitrary action; one depending upon the discretion of the judge, {ex arbitrio jidkis pendens;) or in which the judge was allowed to determine according to equity and the circumstances of the particuku* case, how satisfaction should be made to the plaint; {permittitur judici ex bono et mqito, secundum cujiisgue rei de qua actum est wiiuram, asstimare quew Mimodum actori so Hsfieri oporteat.) If the defendant refused to conform to the decision of the judge, he might be condenmed at discretion; {nisi ariiiriojudicis actori satisfaciaty — eonaemnari debeat.) Inst. 4. 6. 31. ACTIO BON^ FIDEI.

In the civil law. An action of good faith; a species of equitable action ex contractu, in which the judex was allowed a discretionary power of determining upon principles of justice and equity, {ex* bono et o Bquo,) how much should be paid to the plaintiff, {quantum actori restitui debeat,) of allowing a set off {compensatio,) on the part of the defendant, and generally of taking into consideration the circumstances of the case, the intentions of the parties, and whatever was understood ex fide bona* Inst. 4. 6. 28. 30. ffeinecc. Elem. Jur. Civ, lib. 4, tit. 6, §§ 1183, 1185. 1 Mackeld. Civ, Law, 194, § 197. These actions were also called arbitria, and the judex, arbiter; they were always brought for an incertum, (something indefinite or not ascertained,) and were distinffuished from the actiones stricti juris, which were governed by strict rules, and were always directed to a certum. Id. ibid. See Actio stricti juris.