Adjudication
Encyclopedia
Adjudication is the legal
process by which an arbiter
or judge
reviews evidence
and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.
Three types of disputes are resolved through adjudication:
, in television
game shows and at other competitive forums) by which competitors are evaluated and ranked and a winner is found.
From the United States Department of the Navy Central Adjudication Facility
: "Adjudication is the review and consideration of all available information to ensure an individual's loyalty, reliability, and trustworthiness are such that entrusting an individual with national security information or assigning an individual to sensitive duties is clearly in the best interest of national security."
, the term adjudicated refers to children that are under a court's jurisdiction
usually as a result of having engaged in delinquent behavior and not having a legal guardian
that could be entrusted with being responsible for him or her.
Different states have different processes for declaring a child as adjudicated.
The 'Illinois General Assembly
' has this definition:
http://www.bav.org.au in Australia, to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process was designed to ensure cash flow to businesses in the building industry, without parties getting tied up in lengthy and expensive litigation or arbitration. It is regulated by the Building and Construction Industry Security of Payment Act 2002
.http://www.bav.org.au
Builders, sub-contractors and suppliers need to carefully choose a nominating authority to which they make an adjudication application.http://www.bav.org.au
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
process by which an arbiter
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
or judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
reviews evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.
Three types of disputes are resolved through adjudication:
- Disputes between private parties, such as individualIndividualAn individual is a person or any specific object or thing in a collection. Individuality is the state or quality of being an individual; a person separate from other persons and possessing his or her own needs, goals, and desires. Being self expressive...
s or corporationCorporationA corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s. - Disputes between private parties and public officials.
- Disputes between public officials or public bodies.
Other meanings
Adjudication can also be the process (at dance competitionsCompetitive dance
Competitive dance is a popular, widespread activity in which competitors perform dances in any of several permitted dance styles—such as acro, ballet, jazz, hip-hop, lyrical, modern, and tap—before a common group of judges...
, in television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
game shows and at other competitive forums) by which competitors are evaluated and ranked and a winner is found.
In construction
The relevant legislation in the UK is the Housing, Construction and Regeneration Act 1996, (1996 Chapter 53).In healthcare
Claims adjudication in health insurance refers to the determination of the insurer's payment or financial responsibility, after the member's insurance benefits are applied to a medical claim. The process of claims adjudication, in this context, is also referred to as [medical billing advocacy].Pertaining to security clearances
Adjudication is the process directly following a background investigation where the investigation results are reviewed to determine if a candidate should be awarded a security clearance.From the United States Department of the Navy Central Adjudication Facility
Department of the Navy Central Adjudication Facility
The Department of the Navy Central Adjudication Facility , a Naval Criminal Investigative Service organization, is responsible for determining who within the Department of the Navy is eligible to hold a security clearance, to have access to Sensitive Compartmented Information , or to be assigned...
: "Adjudication is the review and consideration of all available information to ensure an individual's loyalty, reliability, and trustworthiness are such that entrusting an individual with national security information or assigning an individual to sensitive duties is clearly in the best interest of national security."
Referring to a minor
Referring to a minorMinor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
, the term adjudicated refers to children that are under a court's jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
usually as a result of having engaged in delinquent behavior and not having a legal guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
that could be entrusted with being responsible for him or her.
Different states have different processes for declaring a child as adjudicated.
- The Arizona State LegislatureArizona LegislatureThe Arizona Legislature is the state legislature of the U.S. state of Arizona. It is a bicameral legislature that consists of a lower house, the House of Representatives, and an upper house, the Senate. There are 60 Representatives and 30 Senators...
has this definition:
- "'Dually adjudicated child' means a child who is found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition and who is alleged or found to have committed a delinquent or incorrigible act."
http://www.supreme.state.az.us/jjsd/cojc/2006_Meetings/docs/COJCPacket_021006.pdf*
The 'Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...
' has this definition:
- "'Adjudicated' means that the Juvenile Court has entered an order declaring that a child is neglected, abused, dependent, a minor requiring authoritative intervention, a delinquent minor or an addicted minor. "http://www.ilga.gov/commission/jcar/admincode/089/089003040000020R.html
In Victoria
Adjudication http://www.bav.org.au is a relatively new process introduced by the Government of VictoriaGovernment of Victoria
The Government of Victoria, under the Constitution of Australia, ceded certain legislative and judicial powers to the Commonwealth, but retained complete independence in all other areas...
http://www.bav.org.au in Australia, to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process was designed to ensure cash flow to businesses in the building industry, without parties getting tied up in lengthy and expensive litigation or arbitration. It is regulated by the Building and Construction Industry Security of Payment Act 2002
Building and Construction Industry Security of Payment Act 2002
The Building and Construction Industry Security of Payment Act 2002 was passed by the Australian State of Victoria to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry...
.http://www.bav.org.au
Builders, sub-contractors and suppliers need to carefully choose a nominating authority to which they make an adjudication application.http://www.bav.org.au
In Queensland
The Building and Construction Industry Payments Act 2004 (BCIPA) came into effect in Queensland in October, 2004. Through a statuatory-based process known as adjudication a claimant can seek to resolve payment on account disputes. The act covers construction, and related supply of goods and services, contracts, whether written or verbal. BCIPA is regulated by the Building and Construction Industry Payments Agency, a branch of the Queensland Building Services Authority http://www.bav.org.au.See also
- Administrative lawAdministrative lawAdministrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
- Alternative dispute resolutionAlternative dispute resolutionAlternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
(e.g. ArbitrationArbitrationArbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
, MediationMediationMediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
) - Collateral estoppelCollateral estoppelCollateral estoppel , known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that "once a court has decided an issue of fact or law necessary to its judgment, that decision .....
- Dispute resolutionDispute resolutionDispute resolution is the process of resolving disputes between parties.-Methods:Methods of dispute resolution include:* lawsuits * arbitration* collaborative law* mediation* conciliation* many types of negotiation* facilitation...
(e.g. LawsuitLawsuitA lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
) - JurisprudenceJurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
- Res judicataRes judicataRes judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
Further reading
- Darren Noble, Users' Guide to Adjudication in Victoria (Anstat 2009)http://www.noblelawyers.com.au
- Alexander BickelAlexander BickelAlexander Mordecai Bickel was a law professor and expert on the United States Constitution. One of the most influential constitutional commentators of the twentieth century, his writings emphasize judicial restraint....
, The Least Dangerous Branch: The Supreme Court at the Bar of Politics, 2nd ed. (Yale University PressYale University PressYale University Press is a book publisher founded in 1908 by George Parmly Day. It became an official department of Yale University in 1961, but remains financially and operationally autonomous....
, 1986). - Gad BarzilaiGad BarzilaiGad Barzilai is a scholar of political science and law, famous for his work on the politics of law, human rights and communities. He is a professor of law, societies and justice, and international studies at University of Washington...
, Communities and Law: Politics and Cultures of Legal Identities (Ann Arbor: University of Michigan PressUniversity of Michigan PressThe University of Michigan Press is part of the University of Michigan Library and serves as a primary publishing unit of the University of Michigan, with special responsibility for the creation and promotion of scholarly, educational, and regional books and other materials in digital and print...
, 2003). - Erwin ChemerinskyErwin ChemerinskyErwin Chemerinsky is an American lawyer and law professor. He is a prominent scholar in United States constitutional law and federal civil procedure...
, Constitutional Law: Principles and Policies (Aspen Publishers, 2006). - Ronald DworkinRonald DworkinRonald Myles Dworkin, QC, FBA is an American philosopher and scholar of constitutional law. He is Frank Henry Sommer Professor of Law and Philosophy at New York University and Emeritus Professor of Jurisprudence at University College London, and has taught previously at Yale Law School and the...
, Taking Rights Seriously (Harvard University PressHarvard University PressHarvard University Press is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. In 2005, it published 220 new titles. It is a member of the Association of American University Presses. Its current director is William P...
, 2005, originally 1977). - Conor GeartyConor GeartyConor A. Gearty is the Rausling Professor of Human Rights Law and Director, Centre for the Study of Human Rights at the London School of Economics.-Background:...
, Principles of Human Rights Adjudication (Oxford University PressOxford University PressOxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as...
, 2005). - Michael J. Gorr and Sterling Harwood, eds., Controversies in Criminal Law: Philosophical Essays on Responsibility and Procedure (Westview Press, 1992).
- Michael J. Gorr and Sterling Harwood, eds., Crime and Punishment: Philosophic Explorations (Wadsworth Publishing Co., 2000; originally Jones and Bartlett PublishersJones and Bartlett PublishersJones & Bartlett Learning publishes text, professional, and reference books for college use. The company was founded in 1983 by Donald W. Jones, the former president of Addison-Wesley Publishers. As of 2003, they are the 7th largest college publisher in the United States.-Name:The name comes from...
, 1996). - H.L.A. Hart, The Concept of Law (Oxford University Press, 1961).
- Sterling Harwood, Judicial Activism: A Restrained Defense (Austin & Winfield Publishers, 1993).
- Allan C. Hutchinson, It's All in the Game: A Nonfoundationalist Account of Law and Adjudication (Duke University PressDuke University PressDuke University Press is an academic publisher of books and journals, and a unit of Duke University. It publishes approximately 120 books annually and more than 40 journals, as well as offering five electronic collections...
, 2000). - David Lyons, Ethics and the Rule of Law (Cambridge University PressCambridge University PressCambridge University Press is the publishing business of the University of Cambridge. Granted letters patent by Henry VIII in 1534, it is the world's oldest publishing house, and the second largest university press in the world...
, 1984). - David Lyons, Moral Aspects of Legal Theory (Cambridge University Press, 1993).
- John T. Noonan and Kenneth I. Winston, eds., The Responsible Judge: Readings in Judicial Ethics (Praeger Publishers, 1993).
- Kathleen M. Sullivan and Gerald Gunther, Constitutional Law, 15th ed. (Foundation Press, 2004).
- Harry H. Wellington, Interpreting the Constitution: The Supreme Court and the Process of Adjudication (Yale University PressYale University PressYale University Press is a book publisher founded in 1908 by George Parmly Day. It became an official department of Yale University in 1961, but remains financially and operationally autonomous....
, 1992).