Doctrine
Exhaustion of Administrative Remedies
Administrative Law and Remedial Law
The doctrine generally requires a party to use available administrative remedies before going to court, subject to recognized exceptions.
Study notes
Key points
Ask whether an administrative remedy exists.
Ask whether it is adequate and still available.
Consider exceptions such as pure questions of law, urgency, or patent illegality when supported by facts.
Doctrine
How to spot the issue
The issue usually appears when a party bypasses an agency process and files directly in court.
- Identify the agency remedy.
- State why exhaustion is required.
- Discuss any pleaded exception.
- Conclude whether court action is premature.
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