英语翻译The first of these is the exhaustion of administrative remedies doctrine.Courts prefer that formal litigation be looked upon only as a last resort for settling disputes.Consequently,courts insist that a person avail himself of all adminis

英语翻译The first of these is the exhaustion of administrative remedies doctrine.Courts prefer that formal litigation be looked upon only as a last resort for settling disputes.Consequently,courts insist that a person avail himself of all adminis
英语翻译
The first of these is the exhaustion of administrative remedies doctrine.Courts prefer that formal litigation be looked upon only as a last resort for settling disputes.Consequently,courts insist that a person avail himself of all administrative remedies before seeking judicial ones.For example,a person who has had a license revoked must follow the agency’s procedure for appealing the revocation before initiating a lawsuit against agency officials.Similarly,a student who has received an unsatisfactory grade must exhaust all university appeals before turning to a court for relief.Court feel that the individual agency is better equipped to handle these disputes and that judicial intervention should be limited to those few cases that cannot be resolved at the agency level.
A doctrine related to exhaustion of remedies is the primary jurisdiction doctrine.Primary jurisdiction holds that litigants should take their disputes to the agency that has primary responsibility for the dispute rather than to a court of law.In Texas Pacific Railway Co.v.Abilene Cotton Oil Co.,for example,the cotton oil company sued the railroad to recover ＄1,951.83 in unreasonable overcharges.Even though the Interstate Commerce Act specifically permitted the company either to file a complaint with the ICC or to file a suit in a federal district court,the Supreme Court ruled that the ICC had primary jurisdiction and that the cotton oil company should have filed its complaint with the ICC first.The Court believed that uniformity and fairness coule best be achieved by allowing the ICC to make the initial decisions about the reasonableness of rates.
The difference between primary jurisdiction and exhaustion of administrative remedies is subtle but important.Primary jurisdiction requires a party with a dispute that falls within an agency’s jurisdiction to go to the agency before taking the dispute to court.Exhaustion of administrative remedies states that a party already subject to the jurisdiction of a government agency must give the agency an opportunity to resolve the dispute before taking it to court.

英语翻译The first of these is the exhaustion of administrative remedies doctrine.Courts prefer that formal litigation be looked upon only as a last resort for settling disputes.Consequently,courts insist that a person avail himself of all adminis
首先是用尽行政救济原则.法院宁愿正式诉讼加以研究后,只能作为最后的手段解决争端.因此,法院坚持认为,一个人利用自己的所有行政补救措施,才寻求司法.举例来说,一个人谁已撤销许可必须遵循该机构的程序,呼吁撤销前发起状告机构的官员.同样,一个学生谁已经收到了不理想的职系,必须用尽所有大学的上诉之前,向法院救济.法院认为,个别机构是更好的装备,来处理这些纠纷和司法的干预,应该只限于那些少数情况下解决不了的,在该机构的水平.
1学说有关用尽补救办法是首要的管辖权原则.主要管辖权认为,律师代表的诉讼人应采取其争端提交该机构负有主要责任的纠纷,而非法院的法律.在得克萨斯州的太平洋铁路co.v.阿比林棉花石油有限公司,举例来说,棉花油公司状告铁路收回1951.83美元在不合理的过高.即使州际商务法特别许可,该公司无论是控诉与国际刑事法院或以文件西装,在一个联邦地区法院,最高法院裁定指出,国际刑事法院管辖权的首要和棉花油公司应提交其投诉与国际刑事法院第一.法院认为,均匀性和公平性coule最好地实现,让国际刑事法院作出的初步决定,合理的利率.
之间的差别主要管辖权,并用尽行政补救措施是微妙但重要的.主要管辖权,需要党的纠纷,属于一个机构的管辖范围到该机构之前,将争端提交国际法院.用尽行政补救措施的国家,一个党已受到司法管辖权的政府机构,必须给予该机构一个机会,来解决争端,然后才采取它上法庭.