Adjudication

Adjudication in the United States

Contents:

The judicial act of making a judgment in a legal action. Adjudication involves formal decision making processes as a court moves to a final judgment in a lawsuit. Adjudication requires, at minimum, notice to all parties that a decision is being sought, and an opportunity for all parties to present evidence or arguments on the matter(s) before the court. In adjudicating cases brought before them, judges may be required to make a number of decisions at the pretrial and trial stages. A variety of motions, each requiring a formal response, may be filed by the parties. Judges must also rule on questions raised during the examination of witnesses. Unless the parties agree to a settlement, the process of adjudication yields a decision on the merits. At the trial stage, a decision on the merits occurs when a judge or jury renders a decision or when the parties agree to settle the dispute in a particular way. (1)

See Also

Judge (Judicial Function) Judicial Function (Judicial Function).

Analysis and Relevance

Adjudication is the judicial function most people relate to the functioning of the court system. This is especially true of adjudication in the form of trial court fact-finding. The act of adjudication goes to the core of the judicial function. It is also the judicial activity most often represented in film and television dramas and that citizens can directly observe if they visit courtrooms. In addition, adjudication is the activity that occupies the largest portion of judges’ time. Adjudication occurs at the appellate level as well, although it occurs in a fashion quite different from the trial level. Adjudication at the appellate level in the federal system and in most state systems is a group process with at least three judges participating. The collective decision at the appellate level goes beyond fact considerations to issues of legal principle. As a consequence, appellate adjudication is more likely to have policy making dimensions not present at the trial stage. (2)

Adjudication Historical Definition

In Practice. A judgment; giving or pronouncing judgment in a case. See “Former Adjudication.” The application of the law to the facts and an authoritative declaration of result. 113 111. 312. In Scotch Law. A process for transferring the estate of a debtor to his creditor. Ersk. Inst. lib. 2, tit. 12, §§ 39-55; Bell, Diet. (Shaw Ed.) 944. It may be raised not only on a decree of court, but also where the debt is for a liquidated sum. The execution of a summons and notice to the opposite party prevents any transfer of the estate. Every creditor who obtains a decree within a year and a day is entitled to share with the first creditor, and, after ten years’ possession under his adjudication, the title of the creditor is complete. (3)

Jurisdiction to Adjudicate

Jurisdiction to Adjudicate in Civil Cases

This includes the following:

  • Subject-Matter Jurisdiction
  • Personal Jurisdiction
  • Service of Process
  • Forum Non Conveniens
  • Antisuit Injunctions
  • Obtaining Evidence in Civil Proceedings

Jurisdictio to Adjudicate in Criminal Cases

This includes the following:

  • Presence of the Defendant
  • Extradition
  • Rule of Male Captus, Bene Detentus
  • Mutual Legal Assistance in Criminal Matters

Literature on the Subject

The growth, development, and problems of international adjudication have been one of the major themes of the literature of international law for the last half-century. A bibliography of the subject appears annually in International Court of Justice, Yearbook. This includes 6,875 items for the period 1946_1965. In this immense literature a choice of authorities inevitably involves an element of preference.

Ralston 1929, Hudson 1944, Politis 1924 are standard general accounts of the historical development of international adjudication. Moore 1898 remains the outstanding authoritative work, there being nothing comparable for the later period. Hudson 1943 is the leading work on the Permanent Court; Rosenne 1957, the leading general account of the International Court as reconstituted in 1945; Jessup 1959, the best short account of the Court’s current position. Lauterpacht 1933 provides the outstanding theoretical study of peaceful settlement and the concept of justiciability. Lauterpacht 1934 gives the most illuminating evaluation of the methodological and other intellectual problems inherent in the international judicial process. Simpson & Fox 1959 is the most comprehensive recent account of international arbitral procedure. Jenks 1964 is a study of the measures necessary to consolidate and improve the process of international adjudication to enable it to play its proper part in promoting and securing the rule of law in world affairs.

The leading collections of international decisions and awards are: Moore 1898; Lapradelle et al. 1905-1954; Hague, Permanent Court of Arbitration 1916; League of Nations, Permanent Court of International Justice 1922_1940; International Court of Justice 1947-1964; International Court of Justice, Registry; International Law Reports. International Court of Justice 1952-1963 is a digest of the decisions of the International Court; Hague, Permanent Court of Justice 1961 is designed to be a comprehensive digest of the pleadings before the Court.

Akademiia Nauk S.S.S.R., Institut Gosudarstva i Prava (1947) 1960 International Law: A Textbook for Use in Law Schools. Moscow: Foreign Languages Publishing House. _ First published as Mezhdunarodnoe pravo. See especially pages 377_400.

Adjudication in the Context of Law Research

The Thurgood Marshall School of Law Library defined briefly Adjudication as: The legal process of resolving a dispute; the process of judicially deciding a case.Legal research resources, including Adjudication, help to identify the law that governs an activity and to find materials that explain that law.

Adjudication in the context of Juvenile and Family Law

Definition ofAdjudication published by the National Council of Juvenile and Family Court Judges:The process of rendering a judicial decision as to whether the facts alleged in a petition or other pleading are true. An adjudicatory hearing is that court proceeding in which it is determined whether the allegations of the petition are supported by legally admissible evidence; also called a “Jurisdictional” or an “Evidentiary” hearing.

Adjudication in the Criminal Justice System

This section covers the topics below related with Adjudication :

Courts

Juvenile Justice in relation with Adjudication

Juvenile Courts

Adjudication in Federal Practice and Procedure

This section provides comprehensive coverage of the main aspects of adjudication in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations. Read more about Judicial Review of Administrative Action in this legal Encyclopedia, in relation to this topic.

Meaning of Adjudication

In plain or simple terms, Adjudication means: Giving or pronouncing a judgment or decree, or rendering a decision.

Adjudication: Main Elements

The coverage of Adjudication includes the following element(s):

National Labor Relations Board San Francisco Branch Office

Find out an overview of this topic, in relation to Adjudication, in the legal Ecyclopedia.

References

See Also

  • Administrative Law

Resources

See Also

  • Federal Civil Procedure
  • Federal Criminal Procedure
  • Federal Appellate Procedure

Meaning of Adjudication

In plain or simple terms, Adjudication means: Giving or pronouncing a judgment or decree, or rendering a decision.

Adjudication: Main Elements

The coverage of Adjudication includes the following element(s):

National Labor Relations Board San Francisco Branch Office

Find out an overview of this topic, in relation to Adjudication, in the legal Ecyclopedia.

References

See Also

  • Administrative Law

Resources

See Also

  • Courts
  • Juvenile Justice
  • Juvenile Courts

Adjudication hearing in Juvenile Law

In this context, Adjudication hearing information is available through this American legal Encyclopedia.

Adjudication in Juvenile Law

In this context, Adjudication information is available through this American legal Encyclopedia.

Adjudication in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link Description
Adjudication Adjudication in the World Legal Encyclopedia.
Adjudication Adjudication in the European Legal Encyclopedia.
Adjudication Adjudication in the Asian Legal Encyclopedia.
Adjudication Adjudication in the UK Legal Encyclopedia.
Adjudication Adjudication in the Australian Legal Encyclopedia.

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Adjudication in Federal Practice and Procedure

This section provides comprehensive coverage of the main aspects of adjudication in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations. Read more about Judicial Review of Administrative Action in this legal Encyclopedia, in relation to this topic.

Meaning of Adjudication

In plain or simple terms, Adjudication means: Giving or pronouncing a judgment or decree, or rendering a decision.

Adjudication: Main Elements

The coverage of Adjudication includes the following element(s):

National Labor Relations Board San Francisco Branch Office

Find out an overview of this topic, in relation to Adjudication, in the legal Ecyclopedia.

References

See Also

  • Administrative Law

Resources

See Also

  • Federal Civil Procedure
  • Federal Criminal Procedure
  • Federal Appellate Procedure

Meaning of Adjudication

In plain or simple terms, Adjudication means: Giving or pronouncing a judgment or decree, or rendering a decision.

Adjudication: Main Elements

The coverage of Adjudication includes the following element(s):

National Labor Relations Board San Francisco Branch Office

Find out an overview of this topic, in relation to Adjudication, in the legal Ecyclopedia.

References

See Also

  • Administrative Law

Resources

Notes and References

  1. Definition of Adjudication from the American Law Dictionary, 1991, California
  2. Idem
  3. This definition of Adjudication is based on the The Cyclopedic Law Dictionary

See Also

Legal reasoning; Legal systems.

International law. Other relevant material may be found inConflict of laws; International legislation; and underInternational organization; Law.

Blackstone, Sir William; Cardozo, Benjamin Nathan; Holmes, Oliver Wendell, Jr.; Judiciary.

Further Reading (Books)

Allen, Carleton K. (1927) 1964 Law in the Making. 7th ed. Oxford: Clarendon Press.

American Bar Association; and the Association of American Law Schools 1958 Professional Responsibility: Report of the Joint Conference. American Bar Association Journal 44:1159_1162; 1216_1218.

Austin, John (1861) 1873 Lectures on Jurisprudence or the Philosophy of Positive Law. Edited by Robert Campbell. 2 vols., 4th ed., rev. London: Murray.

Blackstone, William (1765_1769) 1922 Commentaries on the Laws of England. 4 books in 2 vols. Edited by William Draper Lewis. Philadelphia: Bisel.

Cardozo, Benjamin N. (1921) 1960 The Nature of the Judicial Process. New Haven: Yale Univ. Press.

Davis, Kenneth Culp 1960 Administrative Law and Government. St. Paul, Minn.: West.

Frank, Jerome (1930) 1949 Law and the Modern Mind. New York: Coward.

Frankfurter, Felix 1939 Law and Politics: Occasional Papers, 1913-1938. Edited by A. MacLeish and E. F. Prichard, Jr. New York: Harcourt. _ A paperback edition was published in 1962 by Putnam.

Gray, John C. (1909) 1921 The Nature and Sources of the Law. 2d ed. New York: Macmillan.

Hart, Herbert L. A. 1961 The Concept of Law. Oxford: Clarendon.

Holdsworth, William S. 1934 Case Law. Law Quarterly Review 50:180_195.

Holmes, Oliver wendell (1881) 1963 The Common Law. Cambridge, Mass.: Harvard Univ. Press.

Holmes, Oliver wendell (1885_1918) 1952 Collected Legal Papers. Edited by Harold J. Laski. New York: Smith.

Holmes, Oliver W. (1897) 1952 The Path of the Law. Pages 167_202 in Oliver W. Holmes, Collected Legal Papers. New York: Peter Smith. _ First published in Volume 10 of the Harvard Law Review.

Lawson, Frederick H. 1953 A Common Lawyer Looks at the Civil Law. Ann Arbor: Univ. of Michigan Law School.

Llewellyn, Karl N. 1960 The Common Law Tradition: Deciding Appeals. Boston: Little.

Murphy, Walter F. 1964 Elements of Judicial Strategy. Univ. of Chicago Press.

Patterson, Edwin W. 1953 Jurisprudence: Men and Ideas of the Law. New York: Foundation Press.

Pollock, Frederick (1896) 1918 A First Book of Jurisprudence for Students of the Common Law. 4th ed. London: Macmillan.

Scigliano, Robert G. 1962 The Courts: A Reader in the Judicial Process. Boston: Little.

Further Reading (Articles)

Bebr, Gerhard 1962 Judicial Control of the European Communities. London: Stevens; New York: Praeger.

Clark, Grenville; and Sohn, Louis B. (1958) 1960 World Peace Through World Law. 2d ed., rev. Cambridge, Mass.: Harvard Univ. Press.

Hague, Permanent Court of Arbitration 1916 The Hague Court Reports. New York: Oxford Univ. Press.

Hague, Permanent Court of Justice 1961 Répertoire des décisions et des documents de la procédure écrite et orale de la cour permanente de justice internationale… Serie 1: Cour Permanente de Justice Internationale, 1922_1945. Published under the direction of Paul Guggenheim. Paris, Université’, de, Institut des Hautes Études Internationales, Publication No. 38. Geneva: Droz.

Hudson, Manley O. 1943 The Permanent Court of International Justice 1920_1942: A Treatise. New York: Macmillan.

Hudson, Manley O. 1944 International Tribunals: Past and Future. Washington: Carnegie Endowment for International Peace and Brookings Institution.

Hyde, Charles Cheney (1922) 1945 International Law, Chiefly as Interpreted and Applied by the United States. 3 vols., 2d ed., rev. Boston: Little. _ See especially pages 1559_1653 on “Differences Between States: Modes of Redress Other Than War. Title A: Amicable Modes.”

Institute of International Law 1959 Resolutions and V_su Adopted by the Institute at its Session at Neuchâtel, 3_12 September 1959; Compulsory Jurisdiction of International Courts and Tribunals. Institute of International Law, Annuaire de l’Institut de Droit International 48, no. 2:380_388.

International Court of Justice, Registry, Reports of International Arbitral Awards. _ Published since 1948.

International Court of Justice, The Hague, Yearbook. _ Published since 1945/1947. Supersedes: Permanent Court of International Justice, The Hague, Publications, Series E: Annual Report.

More Related Articles

International Court of Justice, The Hague 1947_1964 Reports of Judgments, Advisory Opinions and Orders. Leiden (Netherlands): Sijthoff.

International Court of Justice, The Hague 1952-1963 The Case Law of the International Court: A Repertoire of the Judgements, Advisory Opinions and Orders. Vols. 1_3. Leiden (Netherlands): Sijthoff.

International Law Reports (London). _ Published since 1919/1922. See especially 1950 and onwards.

Jenks, C. Wilfred 1958 The Common Law of Mankind. London: Stevens; New York: Praeger.

Jenks, C. Wilfred 1962 The Proper Law of International Organisations. London: Stevens; Dobbs Ferry, N.Y.: Oceana.

Jenks, C. Wilfred 1964 The Prospects of International Adjudication. London: Stevens; Dobbs Ferry, N.Y.: Oceana.

Jessup, Philip C. 1956 Transnational Law. New Haven: Yale Univ. Press.

Jessup, Philip C. 1959 The Use of International Law. Ann Arbor: Univ. of Michigan Law School.

Lapradelle, Albert g. de et al. (editors) (1905_1954) 1954_1957 Recueil des arbitrages internationaux. 3 vols. Paris: Éditions internationales. _ Volumes 1 and 2 are second editions.

Larson, Arthur 1961 When Nations Disagree: A Handbook on Peace Through Law. Baton Rouge: Louisiana State Univ. Press.

Lauterpacht, Hersch 1927 Private Law Sources and Analogies of International Law: (With Special Reference to International Arbitration). New York: Longmans.

Lauterpacht, Hersch 1933 The Function of Law in the International Community. Oxford: Clarendon.

Lauterpacht, Hersch (1934) 1958 The Development of International Law by the International Court. Rev. ed. London: Stevens. _ First published as The Development of International Law by the Permanent Court of International Justice.

League of Nations, Covenant (1919) 1938 The Covenant of the League of Nations: Including Amendments in Force, February 1, 1938. London: H. M. Stationery Office.

League of Nations, Permanent Court of International Justice 1922-1940 Publications de la Cour Permanente de Justice Internationale. Serie A/B: Arréts, ordonnances et avis consultatifs, No. 1-80. Leiden (Netherlands): Sijthoff.

Moore, John b. 1898 History and Digest of the International Arbitrations to Which the United States Has Been a Party. 6 vols. Washington: Government Printing Office.

Oppenheim, Lassa f. l. (1905) 1955 International Law: A Treatise. Volume 1: Peace. 8th ed. Edited by Hersch Lauterpacht. New York: Longmans. _ See especially the Introduction and Chapter 1.

Politis, Nicolas s. 1924 La justice Internationale. Paris: Hachette.

Ralston, Jackson h. 1929 International Arbitration, From Athens to Locarno. Stanford (Calif.) Univ. Press; Oxford Univ. Press.

Robertson, Arthur h. 1963 Human Rights in Europe. Dobbs Ferry, N.Y.: Oceana.

Rosenne, Shabtai 1957 The International Court of Justice: An Essay in Political and Legal Theory. Leiden (Netherlands): Sijthoff.

Simpson, John l.; and Fox, Hazel 1959 International Arbitration: Law and Practice. London: Stevens.

United Nations, Charter 1945 Charter of the United Nations and Statute of the International Court of Justice. New York: United Nations.

Westlake, John (1904_1907) 1910_1913 International Law. 2 vols. 2d ed. Cambridge Univ. Press. _ See especially pages 300-326 on “The Political Action of States” and pages 350_368 on “International Arbitration.”

Adjudication in Malaysia, Mondaq Business Briefing; November 26, 2012

Adjudication And Insolvency., Mondaq Business Briefing; April 14, 2009

Adjudication stays on track after contract repudiation, The Architects’ Journal; September 16, 2004; Lindsey, Sue

Adjudication & the British Courts, Dispute Resolution Journal; May 1, 2001; Lloyd, Humphrey

Adjudication: “ambush tactics” and natural justice., Mondaq Business Briefing; February 12, 2009; Cummins, Caroline

THE ADJUDICATION PROCESS HAS BECOME SOMEWHAT MIRED, The Architects’ Journal; November 3, 2005; Klimt, Mark

Should Juvenile Adjudications Count as Prior Convictions for Apprendi Purposes?, William and Mary Law Review; February 1, 2004; Hochberg, Jeremy W.

Judicial Specialization and the Adjudication of Immigration Cases, Duke Law Journal; May 1, 2010; Baum, Lawrence

Security Of Payment Adjudication Statistics.(Security of Payment Act 1999)(Building & Construction Industry Security), Mondaq Business Briefing; February 1, 2008

A Change of Approach to the Recoverability of Adjudication Costs?, Mondaq Business Briefing; November 11, 2013; Skelton, Allan

Adjudication and Injunctions.(Mentmore Towers & others v. Packman Lucas ), Mondaq Business Briefing; August 13, 2010

Can a Losing Party in an Adjudication Withhold Payment on the Basis That it Expects to Recover an Equivalent or Larger Sum in a Subsequent Adjudication?(a case between Interserve Industrial Services Ltd and Cleveland Bridge UK Ltd), Mondaq Business Briefing; April 20, 2006

Are Adjudication Costs Now Recoverable through Litigation?, Mondaq Business Briefing; September 26, 2013; Wilson, David

ASA Adjudications Snapshot – April 2011.(Advertising Standards Authority), Mondaq Business Briefing; June 6, 2011

Adjudication: The Case Of Dorchester vs Vivid Raised The Familiar Question Of When An Adjudication Breaches Natural Justice. Here Is What The Judge Had To Say….Fair Enough?, Mondaq Business Briefing; March 20, 2009

Adjudication Lessons of 2013, Mondaq Business Briefing; February 18, 2014; Fender-Allison, Jane

Disclaimer in expert report does not void adjudication determination., Mondaq Business Briefing; December 24, 2011

U.S. PROJECT DISPUTES: Has the Time to Consider Adjudication Finally Arrived?, Dispute Resolution Journal; May 1, 2007; Jaffe, Michael Evan McHugh, Ronan J.

CITY OF ALEXANDRIA ANNOUNCES PARKING ADJUDICATION PROGRAM ENHANCEMENT, US Fed News Service, Including US State News; March 2, 2012

Heidegger and the Theory of Adjudication, The Yale Law Journal; November 1, 1996; Leiter, Brian

Adjudication: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Adjudication. This part provides references, in relation to Adjudication, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Adjudication by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Adjudication and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Adjudication or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Adjudication and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Adjudication. Finding these decisions can be challenging. In many cases, researchers about Adjudication should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Adjudication when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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