{"id":15656,"date":"2018-03-15T18:00:48","date_gmt":"2018-03-15T18:00:48","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15656"},"modified":"2018-03-16T00:40:27","modified_gmt":"2018-03-16T00:40:27","slug":"administrative-remedy","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15656","title":{"rendered":"exhaustion of remedies doctrine – if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 3:<\/a>\u00a0Which form(s) of relief are you seeking to help remedy the situation?<\/a><\/em> >>>> <\/em>Remedies<\/a> >>>> Extrajudicial Remedies<\/a>:<\/span>
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exhaustion-of-remedies doctrine<\/span>:<\/span><\/strong>
\n(1876)<\/span><\/p>\n

1. The doctrine that, if an administrative remedy<\/a> is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available.\u00a0 *\u00a0 The doctrine\u2019s purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened by cases in which judicial relief is unnecessary.<\/strong> \u2014 aka exhaustion of remedies<\/span><\/strong><\/em>; exhaustion of administrative remedies<\/span><\/strong><\/em>; exhaustion doctrine<\/span><\/strong><\/em>. [1]<\/span><\/p>\n

1. The doctrine that where an administrative remedy<\/a> is provided, relief must be sought exhausting such remedy before the courts will act. 2 Am J2d Amin L \u00a7 595<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The doctrine that when the law provides an administrative remedy<\/a>, a party seeking relief must fully exercise that remedy before the courts will intervene.<\/span><\/strong><\/p>\n

2. The doctrine, applicable in many types of cases, that the federal courts will not respond to a party seeking relief until she has exhausted her remedies in state court.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Charles Alan Wright’s The Law of Federal Courts<\/em><\/a> \u00a7 49, at 313 (5th ed. 1994):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “The traditional rule can… be fairly simply stated.\u00a0 A litigant must normally exhaust state ‘legislative’ or ‘administrative’ remedies before challenging the state action in federal court.\u00a0 He or she need not normally exhaust state ‘judicial’ remedies.\u00a0 The rationale for this distinction is that until the administrative process is complete, it cannot be certain that the party will need judicial relief, but when the case becomes appropriate for judicial determination, he or she may choose whether to resort to a state or federal court for that relief.\u00a0 The word ‘normally’ is required in both branches of the rule.<\/span>“<\/strong> [4]<\/span><\/p>\n

vicarious exhaustion of remedies<\/span> –<\/strong> (1987) The rule that if one member of a class satisfies a requirement to exhaust administrative remedies<\/a>, that is enough for all others similarly situated to be considered as having exhausted the remedies<\/strong>. \u2014 Often shortened to vicarious exhaustion<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

administrative agency<\/a><\/span> – a single officer, board, bureau, commission, office, or department of the executive branch of government, with the authority to implement and administer particular legislation. <\/span><\/strong>\u2014 aka government agency<\/strong><\/em><\/span>; agency<\/strong><\/em><\/span>; public <\/strong><\/em>agency<\/strong><\/em><\/span>; regulatory agency<\/strong><\/em><\/span>.<\/span> <\/span><\/p>\n

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administrative law. (1896) l. The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative a gencies with the legislature, the executive, the judiciary, and the public. 0 Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating to those powers; (2) the body ofagency-made law, consisting of administrative rules, regulations, reports, or Opinions containing findings of fact, and orders; and (3) the legal principles governing<\/span><\/p>\n

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the acts of public agents when those acts conflict with private rights.<\/p>\n

\u201cAdministrative law deals with the field of legal control exercised by law-administering agencies other than courts, and the field of control exercised by courts over such agencies.\u201d Felix Frankfurter, The Task of Administrative Law, 75 U. Pa. L. Rev. 614, 615 (1927).<\/p>\n

\u201c[A]dministrative law is to labor law, securities regulation, and tax what civil procedure is to contracts, torts, and commercial law. Administrative law studies the way government institutions do things. It is therefore the procedural component to any practice that affects or is affected by government decisionmakers other than just the courts. Its study goes beyond traditional questions; it explores a variety of procedures and it develops ideas about decisionmaking and decisionmakers.\u201d 1 Charles H. Koch, Administrative Law and<\/p>\n

Practice \u00a7 1.2, at 2 (2d ed. 1997).<\/p>\n

> international administrative law. (1887) 1. The internal law and rules of international organizations. 2. The substantive rules of international law that directly refer to the administrative matters of individual states. 3. Domestic administrative law specifically concerned with international problems or situations. –Also termed administrative international law.<\/p>\n<\/div>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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