Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    That which is decided by the judge on his own judgment and not under a statute.

  • Black's Law Dictionary: 2nd Edition

    Not supported by fair, solid, and substantial cause, and without reason given. Treloar v. Bigge, L. R. 9 Exch. 155.
    —Arbitrary government. The difference between a free and an arbitrary government is that in the former limits are assigned to those to whom the administration is committed, but the latter depends on the will of the departments or some of them. Kamper v. Hawkins, 1 Va. Cas. 20, 23.
    —Arbitrary punishment. That punishment which is left to the decision of the judge, in distinction from those defined by statute.