Arbitrary Punishment

In practice. That punishment which is left to the decision of the judge, in distinction from those defined by statute. ARBITRATION (Lat. arbitratio).

In practice. The investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called "arbitrators," or "referees." Worcester; 3 Bl. Comm. 16; 17 How. (U. S.) 344. It is either: (1) Compulsory arbitration, being that which takes place when the consent of one of the parties is enforced by statutory provisions; or (2) Voluntary arbitration, being that which takes place by mutual and free consent of the parties. It usually takes place in pursuance of an agreement (commonly in writing) between the parties, termed a "submission," and the determination of the arbitrators or referee is called an "award." At common law it was also either (3) In pais, that is, by simple agreement of the parties; or (4) By rule of court, that is by the intervention of a court of law or equity. 3 Bl. Comm. 16.

That punishment which is left to the decision of the judge, in distinction from those defined by statute. See Discretion.

That punishment which is left to the decision of the judge, in distinction from those defined by statute.

Defined under Arbitrary in Black's Law Dictionary.

That punishment which is left to the decision of the judge, in distinction from those defined by statute.