Search results
Results from the WOW.Com Content Network
The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims 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.
Darby v. Cisneros, 509 U.S. 137 (1993), was a case in which the United States Supreme Court held that federal courts cannot require that a plaintiff exhaust his administrative remedies before seeking judicial review when exhaustion of remedies is not required by either administrative rules or statute.
The district judge applying the doctrine of comity based on Ex Parte Hawk "examined into the merits sufficiently to assure himself that no extraordinary circumstances existed sufficient to justify federal inquiry into the merits...without the exhaustion of all other available remedies". [1] [2] The Court of Appeals for the 10th Circuit affirmed.
See also Exhaustion of intellectual property rights for a general introduction not limited to U.S. law.. The exhaustion doctrine, also referred to as the first sale doctrine, [1] is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale.
Adams v. Burke, 84 U.S. (17 Wall.) 453 (1873), was a United States Supreme Court case in which the Court first elaborated on the exhaustion doctrine. According to that doctrine, a so-called authorized sale of a patented product (one made by the patentee or a person authorized by it to sell the product) liberates the product from the patent ...
The doctrine of exhaustion of state remedies does not bar resort to federal habeas corpus if the petitioner has obtained a decision on his constitutional claims from the highest court of a State, even though that court could have based its decision on another ground. Court membership; Chief Justice Earl Warren Associate Justices
Eighth Amendment • excessive fines • Fourteenth Amendment • Due Process Clause • Incorporation Doctrine • ... court exhaustion of remedies:
First Amendment • free speech • public forum doctrine • advertising in public ... Fifth Amendment • Takings Clause • exhaustion of remedies under state ...