Suffering from brain fog is basically the opposite of feeling level-headed, calm, optimistic and motivated. Brain fog can easily rob you of inspiration and happiness, while increasing the likelihood for symptoms of anxiety and depression.
Arbitrary and Capricious Law and Legal Definition. Arbitrary and Capricious means doing something according to oneâs will or caprice and therefore conveying a notion of a tendency to abuse the possession of power. In U.S this is one of the basic standards for review of appeals.
This case is in a somewhat unique procedural posture, in that the applicable standard of review is disputed and resolution of that issue is not yet ripe for decision. Defendants, not surprisingly, contend that the Court must deferentially review whether their decision was arbitrary and capricious (i.e., an abuse of discretion).