exhaustion of remedies

exhaustion of remedies
exhaustion of remedies: a doctrine of civil and criminal procedure: a remedy cannot be sought in another forum (as a federal district court) until the remedies or claims have been exhausted in the forum having original jurisdiction (as a state court, tribal court, or administrative agency) compare primary jurisdiction at jurisdiction
◇ The doctrine of exhaustion of remedies was first developed by judges in case law based on comity. It is used primarily in administrative law cases and federal habeas corpus cases, and it is now incorporated in the federal habeas corpus statute (section 2254 of title 28 of the U.S. Code). It may also be applied when an administrative agency has original jurisdiction over a claim. It is used in proceedings in tribal courts.

Merriam-Webster’s Dictionary of Law. . 1996.

exhaustion of remedies
n.
The state of having attempted and failed to get a remedy through administrative channels before bringing a matter to litigation, or through state court before bringing a matter before a federal court.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


exhaustion of remedies
n. A legal principle stating that, before a particular remedy is sought, all lesser remedies (typically available at a lower or parallel level of jurisdiction, or from an administrative body) must have been attempted, without satisfactory results. For example, all state remedies must have been tried before a state prisoner files a writ of habeas corpus in a federal court.

Webster's New World Law Dictionary. . 2000.


exhaustion of remedies
The exhaustion-of-remedies doctrine requires that procedures established by statute, common law, contract, or custom must be initiated and followed in certain cases before an aggrieved party may seek relief from the courts. After all other available remedies have been exhausted, a lawsuit may be filed.

Dictionary from West's Encyclopedia of American Law. 2005.


exhaustion of remedies
The exhaustion-of-remedies doctrine requires that procedures established by statute, common law, contract, or custom must be initiated and followed in certain cases before an aggrieved party may seek relief from the courts. After all other available remedies have been exhausted, a lawsuit may be filed.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • Exhaustion of remedies — The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally… …   Wikipedia

  • exhaustion — ex·haus·tion n: the act or process of exhausting even after the exhaustion of direct appellate review W. R. LaFave and J. H. Israel; specif: exhaustion of remedies Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • exhaustion of state remedies — Federal courts require that state remedies be exhausted in certain classes of cases in order to give state courts as a matter of comity the opportunity to make the initial determination as to all claims, federal or state, raised in those cases. U …   Black's law dictionary

  • exhaustion of state remedies — Federal courts require that state remedies be exhausted in certain classes of cases in order to give state courts as a matter of comity the opportunity to make the initial determination as to all claims, federal or state, raised in those cases. U …   Black's law dictionary

  • exhaustion of administrative remedies — /agzostyan av sdminsstratav remadiyz/ This doctrine requires that where an administrative remedy is provided by statute, relief must first be sought by exhausting such remedies before the courts will act. McKart v. U. S., 395 U.S. 185, 89 S.Ct.… …   Black's law dictionary

  • exhaustion of administrative remedies — /agzostyan av sdminsstratav remadiyz/ This doctrine requires that where an administrative remedy is provided by statute, relief must first be sought by exhausting such remedies before the courts will act. McKart v. U. S., 395 U.S. 185, 89 S.Ct.… …   Black's law dictionary

  • Bach flower remedies — are dilutions of flower material developed by Edward Bach, an English physician and homeopath, in the 1930s. [As Edward Bach s family name is pronounced Batch (IPA| [bætʃ] ), rather than Bark , they are correctly spoken of as Batch flower… …   Wikipedia

  • administrative exhaustion — See exhaustion of administrative remedies …   Black's law dictionary

  • administrative exhaustion — See exhaustion of administrative remedies …   Black's law dictionary

  • Darby v. Cisneros — Supreme Court of the United States Argued March 22, 1993 Decided June 21, 1993 …   Wikipedia

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