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The Complete Guide to Adjudication

The Complete Guide to Adjudication

The United States employs a complex legal system to ensure maximum fairness for all parties involved. In many cases this involves forms of adjudication that take place in the courts. Many instances involve the role of courts to settle disputes within the United States. Since there are so many different laws, there is an equal amount of disagreements to arise amongst parties.
 
 
Adjudication can occur in three different forms: between private parties, between private parties and public officials and between public bodies. In all cases it requires the use of an arbiter to settle the dispute and award claims fairly to the winning party. If the ruling of the courts is not followed by the losing party, the courts then have the right to enforce their decision.
 
 
Even within the scope of the different types of adjudication that can occur there are variations. Adjudication that occurs between private parties can happen in two main forms. This can be between private individuals, usually the most common form of this type of court preceding is found within small claims courts. Many sports fans know of arbitration, which is a form of adjudication that happens between a private party (the player) and a company (the ownership of the franchise the player plays for).
 
 
Many times judicial cases involve a private party and some form of public body. Many of the largest court cases heard within the United States by the Supreme Court fit this definition. During the Civil Rights Movement, the Brown v. Board of Education case illustrates a private party (Brown) suing a public body (the Kansas Board of Education). Many of these cases happen within the scope of a Federal court, or they may begin at state courts and eventually move to the Federal level. 
 
 
When laws come into question, usually the losing party will appeal the lower court’s decision to a higher court. Some cases on appeal reach all the way to the United States Supreme Court, and this is true for either the private individual or public entity.
 
 
The last form of adjudication, between public bodies, is usually dealt with at the Federal level. This occurs when two governmental agencies both feel that they are entitled to certain powers both or one may exercise. Government overlap happens frequently so when public entities disagree it can redefine the roles of governmental agencies.
 
 
Usually the role of a governmental agency is defined by the legislature. However, sometimes the laws are written too vaguely giving power to two agencies so the court will need to interpret what the law actually meant.
 
 
These are murky waters as these types of cases can usually be alleviated before they even come in front of the courts. When laws are written in very plain language it usually creates an atmosphere where the governmental agencies each know their proper role and the courts need not interpret the law since it is written clearly.
 
 
The United States adjudication system involves many different processes. Each has their own characteristics that define the role of the courts differently. Yet still the overall goal of these processes is to create a fair and balanced process for all parties involved.

The Most Important Administrative Processes

The Most Important Administrative Processes

Investigation
The investigation process of rule creation occurs at every level of state administration. In fact it is necessary, otherwise laws and rules that govern regulatory agencies may be developed through knee-jerk reactions. There are also different levels of investigation that need to take place depending on the intended legislation.
Not all legislation affects market activity and growth; some legislation simply affects the role of regulatory institutions within the Federal Government and society. In many cases the rules here govern the mandate of the regulatory institution, their bounds, and their fiscal and social responsibility to the public.
If it is a rule that does affect the markets, certain monetary effects need to be taken into account as some laws constrain the market too much creating a business climate that is not beneficial for any party involved.
Further investigation is done by the judiciary to ensure that all laws and rules are constitutionally viable. If they are not in accordance with the Constitution, they would either need to be revised or repealed altogether.


Adjudication

The process of adjudication occurs on a daily basis within the United States. There are three different forms of adjudication that are legally present within the United States. The first, and commonly done in small claims court, is between two private parties that have a disagreement that needs to be solved legally. Many of these cases are handled by State courts.
The other two can begin in State or Federal courts, with the third type usually always ending up in a Federal courthouse. However, the second type is between a private party and and public body over a grievance that needs to be addressed by legal means.
These cases can range from monetary disagreements to civil rights infractions as well as simple criminal charges. The last form of adjudication occurs between two public bodies. Usually these cases seek to define the role of two agencies that either have overlapping mandates or too much overlap in carrying out their mandate. Too much overlap in Federal Government usually indicates a waste of social resources that needs to be readily corrected.

Investigation

Investigation

The administrative process within the United States involves all three branches of the United States Government. Each branch has a necessary role to play as administrative laws need to be written, enforced, and judicially enforced or reviewed.
 
 
The administrative process begins within the legislative branch, the United States Congress, with both the House of Representatives and the United States Senate taking part in the creation of administrative laws.
 
 
This allows for all parties within the United States to be represented fairly in the administrative process. Moreover, the use of all three branches of government illustrates the separation of powers that the founding fathers were so intent on making sure took place within the United States.
 
 
Administrative laws have to be developed by the legislator, and many times can undergo several revisions before they are signed into law by the President. Subsequently, the President, the whole executive branch at every level of government (Federal, state, and local) is responsible for enforcing administrative laws.
 
 
This is a key part to the administrative process, as without the enforcement of laws there would be no teeth, allowing people to break the law without any fear of civil or criminal legal recourse.
 
 
The executive branch is required to make sure every citizen is abiding by the laws in order for the citizenry to be protected. To a degree, thanks to the separation of powers, both the legislature and the judicial branches of government are responsible in making sure the executive branch carries out its duty to the American public.
 
 
The executive branch accomplishes their Constitutional obligation through enforcement by varying forms of Federal oversight bodies and simple law enforcement.
 
 
The next branch in the administrative process can either pop up at the end or during the middle of the administrative process as a whole. In the case of appearing at the end, it is after the executive branch has found a person, people, or company in violation of any administrative laws. It is then up to the judicial branch to determine truly whether or not the law was broken and what fine or criminal penalty will be issued against the party under question.
 
 
However, the courts can play a role before the need to issue a ruling of guilt or innocence against an accused party. It is also the role of the courts in the administrative process to determine whether or not the administrative laws created by the legislature are constitutionally legal. At times the courts have found that laws do indeed violate the Constitution, therefore making the laws illegal. The courts, therefore, play a very large role in the administrative process.
 
 
Within the United States the administrative process is one that is long and complex. Although complex, it is designed to afford the maximum amount of freedom and equality, while having internal checks against governmental abuses. The ultimate goal of the administrative process and the creation of administrative laws is to protect the average citizen against abuses that can be made against him.

Make Sure to Know How Laws Are Made!

Make Sure to Know How Laws Are Made!

The United States legal system is made up of a complex set of laws governing nearly all aspects of life. However, within the United States there is quite the process for an idea to move into a law. The process for creating administrative law happens at every level of government. Yet, administrative law developed at the Federal level supersedes all other laws created within the United States.
 
 
There is a long process to create administrative law within the United States; usually administrative law is analogous with creating laws for proper business practices. While the process can be long and arduous, it seeks to ensure a balanced approach in creating a law that benefits the interests of all parties involved in a fair manner.
 
 
Within Congress an administrative law can begin in either the House of Representatives or the United States Senate. The law in development will begin in the proper House or Senate subcommittee, usually the banking and financial subcommittee but it can come out of other subcommittees as well since many regulate different sectors within the economy.
 
 
After the administrative law is developed in committee, it is then moved onto debate within the House or Senate general floor. Usually revisions are made to accommodate all parties interested in the law. In many ways this emphasizes the use of compromise by the legislators in order for their parties interested to be fairly represented.
 
 
After the general floor debate where revisions are outlined, the administrative law in question moves back to the subcommittee to undergo changes. Once complete, it is presented back to floor for a general vote. If enough votes are received to pass the bill in the House or the Senate, whichever began it, it moves over to the other side of Congress and the same process will take place.
 
 
At certain times bills are even developed at the same time in both chambers. The most important part during the exchanges and subsequent revisions between both chambers comes down to reconciling interests of both the House and Senate in order for Congress to agree as a whole on the law.
 
 
The sign of agreement is that the administrative law being developed, now in completed form, is passed by both the House and the Senate. Afterwards, the law can finally go to the desk of the President.
 
 
However, while the law moves to the President’s desk it does not necessarily mean that it will be signed into law. The President can veto the bill if he disagrees with some fundamental concepts found within it, and thus, it can then move back to the chambers of Congress where if both chambers pass the bill with three-fourths of the majority voting in favor, it would then become a law.
 
 
There are many steps involved for an idea to transform into a law. It can take a long time, in some cases, because disagreements between representatives can be great. However, the process ensures that most administrative laws represent the will of the people who elected the legislators.