Exhaustion of remedies

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 created by case law based on the principles of comity.

In the United States, exhaustion of remedies is applied extensively in administrative law. Many cases adjudicated by Federal agencies have primary jurisdiction for cases involving the statutes or regulations which they administer. The doctrine of exhaustion of remedies prevents parties from seeking relief in the courts first.

In addition, exhaustion of remedies frequently affects cases of habeas corpus. Federal law, for example, prevents a petitioner from seeking federal relief where the state claims have not yet been exhausted.ref|28USC2254 Generally, the exhaustion requirement permits state courts a “...meaningful opportunity to consider the allegations of legal error.” ref|vasquez

The issue of exhaustion of remedies in a criminal law case was before the United States Court of Appeals for the Fourth Circuit in "Harvey v. Horan".

References

# UnitedStatesCode|28|2254 (b)(1)(A)
# "Vasquez v. Hillery", 474 U.S. 254 (1986).


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  • 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… …   Law dictionary

  • 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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