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Simple English definitions for legal terms
England procedure
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A quick definition of England procedure:
The England procedure is a way for a person to bring their federal claims back to federal court after a federal court has referred the case back to state court under the Pullman abstention doctrine and the state court has adjudicated the state-court issues. This procedure was established in the case of England v. Louisiana State Bd. of Med. Examiners. Abstention is the act of withholding or keeping back something, and in the legal context, it refers to a federal court's relinquishment of jurisdiction when necessary to avoid needless conflict with a state's administration of its own affairs. There are different types of abstention, including Burford abstention, Colorado River abstention, equitable abstention, permissive abstention, Pullman abstention, and Thibodaux abstention. Younger abstention is a federal court's decision not to interfere with an ongoing state criminal proceeding or a state-court civil proceeding used to enforce the criminal law, unless the prosecution has been brought in bad faith or merely as harassment.
A more thorough explanation:
The England procedure is a legal process that allows a litigant to return to federal court after a federal court has referred a case back to state court under the Pullman abstention doctrine, and the state court has adjudicated the state-court issues. This procedure was established by the Supreme Court in the case of England v. Louisiana State Bd. of Med. Examiners in 1964.
For example, if a federal court abstains from deciding a case because it involves a complex regulatory scheme and sensitive areas of state concern, the litigant can return to federal court to have the federal claims adjudicated after the state court has resolved the state-law issues.
The England procedure is one of several types of abstention doctrines that federal courts may use to avoid needless conflict with a state's administration of its own affairs. Other types of abstention include Burford abstention, Colorado River abstention, equitable abstention, permissive abstention, Pullman abstention, Thibodaux abstention, and Younger abstention.
ENGINEERING PROCUREMENT AND CONSTRUCTION CONTRACT | English rule