Exhaustion of remedies
Encyclopedia
The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy
in a new court
or jurisdiction
until all claim
s 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 are handled first by independent agencies of the United States government
which have primary responsibility for cases
involving the statute
s or regulation
s which the agency administers.
A person's specific rights and duties depend on the federal statute involved, but here is an outline of how the doctrine works in practice. "Exhaustion of administrative remedies" requires a person to first go to the agency which administers the statute; this process usually involves filing a petition, then going to a hearing, and finally using the agency's internal appeal process. Once the agency's own procedures are finished, or "exhausted", then the aggrieved person can file a complaint in a federal court. But the doctrine of exhaustion of remedies prevents parties from seeking relief
in the court
s first.
The same process is required under the laws of many, if not all, states.
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. Generally, the exhaustion requirement permits state courts a "...meaningful opportunity to consider the allegations of legal error."
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
.
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
in a new court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
or 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...
until all claim
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
s or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally created by case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
based on the principles of comity
Comity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, exhaustion of remedies is applied extensively in administrative law
Administrative law
Administrative 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...
. Many cases are handled first by independent agencies of the United States government
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
which have primary responsibility for cases
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
involving the statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s or regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s which the agency administers.
A person's specific rights and duties depend on the federal statute involved, but here is an outline of how the doctrine works in practice. "Exhaustion of administrative remedies" requires a person to first go to the agency which administers the statute; this process usually involves filing a petition, then going to a hearing, and finally using the agency's internal appeal process. Once the agency's own procedures are finished, or "exhausted", then the aggrieved person can file a complaint in a federal court. But the doctrine of exhaustion of remedies prevents parties from seeking relief
Relief
Relief is a sculptural technique. The term relief is from the Latin verb levo, to raise. To create a sculpture in relief is thus to give the impression that the sculpted material has been raised above the background plane...
in the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s first.
The same process is required under the laws of many, if not all, states.
Exhaustion of remedies frequently affects cases of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Federal law, for example, prevents a petitioner from seeking federal relief where the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
claims have not yet been exhausted. Generally, the exhaustion requirement permits state courts a "...meaningful opportunity to consider the allegations of legal error."
The issue of exhaustion of remedies in a criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
case was before the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
in Harvey v. Horan
Harvey v. Horan
Harvey v. Horan, 278 F. 3d 370 is a federal court case dealing with felons' rights of access to DNA testing. The Eastern Virginia District Court originally found that felons were entitled access to DNA testing on potentially exculpatory evidence, but this finding was later overturned by the...
.