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LSDefine

Simple English definitions for legal terms

exhaustion of remedies

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A quick definition of exhaustion of remedies:

Exhaustion of remedies: This means that if there is a way to solve a problem with a government agency, like a complaint or appeal process, you have to try that first before you can go to court. This is to make sure that the court doesn't get too many cases that could have been solved without going to court. It's like trying to solve a problem with a teacher before going to the principal.

A more thorough explanation:

Definition: Exhaustion of remedies is a legal doctrine that requires a person to seek relief from an administrative body before seeking judicial relief. This means that if a statute provides an administrative remedy, the claimant must first seek relief from the administrative body before going to court. The purpose of this doctrine is to maintain good relations between the courts and administrative agencies and to prevent unnecessary cases from burdening the courts.

For example, if a person is unhappy with a decision made by a government agency, they must first exhaust all administrative remedies available to them before they can go to court. This may involve filing an appeal or requesting a hearing with the agency.

Another example is in employment law. If an employee believes they have been wrongfully terminated, they must first file a complaint with the Equal Employment Opportunity Commission (EEOC) before they can file a lawsuit in court.

These examples illustrate how the exhaustion of remedies doctrine works in practice. By requiring individuals to seek relief from administrative bodies first, it helps to ensure that the courts are not overwhelmed with unnecessary cases and that administrative agencies are given the opportunity to address issues before they escalate to the courts.

exhausted vote | exhaustion-of-rights doctrine

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