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Encyclopedia > Adjudication

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Three types of disputes are resolved through adjudication: For other uses, see Law (disambiguation). ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... This article does not cite any references or sources. ... The law of evidence governs the use of testimony (e. ... In logic, an argument is a set of statements, consisting of a number of premises, a number of inferences, and a conclusion, which is said to have the following property: if the premises are true, then the conclusion must be true or highly likely to be true. ... Reasoning is the mental (cognitive) process of looking for reasons to support beliefs, conclusions, actions or feelings. ... Categories: Move to Wiktionary | Law stubs | Legal terms ... Look up decision in Wiktionary, the free dictionary. ...

  1. Disputes between private parties, such as individuals or corporations.
  2. Disputes between private parties and public officials.
  3. Disputes between public officials or public bodies.

Contents

For other uses, see Corporation (disambiguation). ... An official is, in the primary sense, someone who holds an office in an organisation, of any kind. ...

Other meanings

Adjudication can also be the process (in television game shows and the like) by which a winner is found.


In Healthcare

Claims adjudication in health insurance refers to the determination of a member's payment, or financial responsibility, after a medical claim is applied to the member's insurance benefits.


Pertaining to Security Clearances

Adjudication is the process directly following a background investigation where the investigation results are reviewed to determine if a candidate should be awarded a security clearance.


From the United States Department of the Navy Central Adjudication Facility: "Adjudication is the review and consideration of all available information to ensure an individual's loyalty, reliability, and trustworthiness are such, that entrusting an individual with national security information or assigning an individual to sensitive duties is clearly in the best interest of national security."


Referring to a Minor

Referring to a minor, the term adjudicated refers to children that are under a court's jurisdiction usually as a result of having engaged in delinquent behavior and not having a legal guardian that could be entrusted with being responsible for him or her. In law, the term minor (also infant or infancy) is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society. ... This article does not cite any references or sources. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ...


Different states have different processes for declaring a child as adjudicated.

"Dually adjudicated child" means a child who is found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition and who is alleged or found to have committed a delinquent or incorrigible act.
"Adjudicated" means that the Juvenile Court has entered an order declaring that a child is neglected, abused, dependent, a minor requiring authoritative intervention, a delinquent minor or an addicted minor.

The Arizona State Legislature is the legislative branch of the state government of Arizona. ... The Illinois General Assembly convenes at the Illinois State Capitol in Springfield. ...

In Australia

In Victoria

Adjudication[3] is a relatively new process introduced by the Government of Victoria in Australia, to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process was designed to ensure cash flow to businesses in the building industry, without parties getting tied up in lengthy and expensive litigation or arbitration. It is regulated by the Building and Construction Industry Security of Payment Act 2002. The form of the Government of Victoria is prescribed in its Constitution, which dates from 1855, although it has been amended many times since then. ... Building and Construction Industry Security of Payment Act 2002 An Act of the Parliament of Victoria, introduced to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. ...


Builders, sub-contractors and suppliers need to carefully choose a nominating authority to which they make an adjudication application. Some nominating authorities even nominate building consultants (many of whom do not even have any tertiary qualifiations)who may charge $350.00 or more per hour and then may reach the wrong decision, which is not given to the claimant until the building consultant's fees (often many thousands of dollars)have been paid.


Building Adjudication Victoria Inc ("BAV")does not nominate unqualified people or building consultants. BAV only nominates experienced construction lawyers as adjudicators. This reduces the risk of legal errors. [4]


The Act has recently been amended to make it easier for claimants to enforce an adjudicator's determination.[5]


For news on the Act click the link here[6]


In Queensland

The Building and Construction Industry Payments Act 2004 (BCIPA) came into effect in Queensland in October, 2004. Through a statuatory-based process known as adjudication a claimant can seek to resolve payment on account disputes. The act covers construction, and related supply of goods and services, contracts, whether written or verbal. BCIPA is regulated by the Building and Construction Industry Payments Agency, a branch of the Queensland Building Services Authority.


Further reading

  • Romauld Andrew, Users' Guide to Adjudication in Victoria (Anstat 2004)
  • Alexander Bickel, The Least Dangerous Branch: The Supreme Court at the Bar of Politics, 2nd ed. (Yale University Press, 1986).
  • Erwin Chemerinsky, Constitutional Law: Principles and Policies (Aspen Publishers, 2006).
  • Ronald Dworkin, Taking Rights Seriously (Harvard University Press, 2005, originally 1977).
  • Conor Gearty, Principles of Human Rights Adjudication (Oxford University Press, 2005).
  • Michael J. Gorr and Sterling Harwood, eds., Controversies in Criminal Law: Philosophical Essays on Responsibility and Procedure (Westview Press, 1992).
  • Michael J. Gorr and Sterling Harwood, eds., Crime and Punishment: Philosophic Explorations (Wadsworth Publishing Co., 2000; originally Jones and Bartlett Publishers, 1996).
  • H.L.A. Hart, The Concept of Law (Oxford University Press, 1961).
  • Sterling Harwood, Judicial Activism: A Restrained Defense (Austin & Winfield Publishers, 1993).
  • Allan C. Hutchinson, It's All in the Game: A Nonfoundationalist Account of Law and Adjudication (Duke University Press, 2000).
  • David Lyons, Ethics and the Rule of Law (Cambridge University Press, 1984).
  • David Lyons, Moral Aspects of Legal Theory (Cambridge University Press, 1993).
  • John T. Noonan and Kenneth I. Winston, eds., The Responsible Judge: Readings in Judicial Ethics (Praeger Publishers, 1993).
  • Kathleen M. Sullivan and Gerald Gunther, Constitutional Law, 15th ed. (Foundation Press, 2004).
  • Harry H. Wellington, Interpreting the Constitution: The Supreme Court and the Process of Adjudication (Yale University Press, 1992).

Alexander Mordecai Bickel (December 17, 1924 – November 8, 1974) was a law professor and expert on the United States Constitution. ... Erwin Chemerinsky speaking at the William & Mary School of Law in September 2007. ... Ronald Dworkin (born 1931) is an American legal philosopher, and currently professor of Jurisprudence at University College London and the New York University School of Law. ... Conor Gearty is professor of human rights law and director of the Centre for the Study of Human Rights at London School of Economics. ...

See also

Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... This article or section is in need of attention from an expert on the subject. ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... For statistical mediation, see Mediation (Statistics). ... Collateral estoppel, also sometimes known as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. ... It has been suggested that Adjudication be merged into this article or section. ... Civil action redirects here. ... For the jurisprudence of courts, see Case law. ... Res judicata (Latin for a matter [already] judged) is, in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal. ...

References

For other uses, see Law (disambiguation). ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article is about legal torts. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links Scale_of_justice_2. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Immigration law refers to national government policies which control the phenomenon of immigration to their country. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... Corporate law (also corporations law or company law) refers to the law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies (Ltd or Pty Ltd), publicly limited companies (plc) or incorporated businesses (Inc. ... Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, put into administration—see text) in the United Kingdom. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... Antitrust redirects here. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... International law deals with the relationships between states, or between persons or entities in different states. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses of civil law, see civil law. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Sharia (Arabic: transliteration: ) is the body of Islamic religious law. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... For the jurisprudence of courts, see Case law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... Sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. ... For other uses, see Law (disambiguation). ... In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A Legislature is a type of representative deliberative assembly with the power to create, amend and ratify laws. ... This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

  Results from FactBites:
 
The Adjudication Panel for England (110 words)
The Adjudication Panel for England is an independent judicial Tribunal which was established by Part III, Chapter IV of the Local Government Act 2000 to hear and adjudicate on matters concerning the conduct of local authority members.
Pursuant to section 59(4)(d) the Adjudication Panel for England considers references made to it by an Ethical Standards Officer of the Standards Board for England.
The Adjudication Panel for England consists of a President and members who were appointed by the Lord Chancellor after consultation with the Secretary of State.
  More results at FactBites »

 
 

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