Helpful Hints
- (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
- (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
- (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.
See also Administrative law (exhaustion doctrine). The doctrine that where an administrative remedy is provided, relief must be sought exhausting such remedy before the courts will act. This maintains comity between the courts and administrative agencies.
The basis of the doctrine of exhaustion of administrative remedies was simply put in Myers v. Bethlehem Shipbuilding Corp., 303 U. S. 41, 303 U. S. 50-51 (1938), as 'the long settled rule of judicial administration that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.'
Exhaustion is simply one aspect of allocation of overtaxed judicial resources. Exhaustion does not deny or limit litigants' rights to a federal forum 'because state administrative agency determinations do not create res judicata or collateral estoppel effects. The exhaustion of state administrative remedies postpones, rather than precludes, the assertion of federal jurisdiction.' Comment, Exhaustion of State Administrative Remedies in Section 1983 Cases, 41 U.Chi.L.Rev. 537, 551 (1974).
The exhaustion principle asks simply that absent compelling circumstances the avenues of relief nearest and simplest should be pursued first. The Court has frequently remanded cases for exhaustion 'before a challenge can be made ...
