eBook for Mobipocket readers, including Amazon® Kindle
eBook for eReader, including Adobe® Digital Edition, Apple® iPad®, Sony® Reader
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
5-40 Administrative Law 40.syn
Effect of Administrative Determinations
Jacob A. Stein; Glenn A. Mitchell; Basil J. Mezines; Joan Mezines Kimmich
The chapter begins with a description of administrative res judicata, which bars the relitigation of causes of action between the same parties or their privies where there is a final judgment on the merits. It covers the requirements for the applicability of res judicata, as well as the qualifications and exceptions to its applicability. The chapter then covers the requirements of administrative collateral estoppel, under which a judgment on the merits in a prior suit between the same parties, even though not the same cause of action, precludes the relitigation in a subsequent suit of any issues actually litigated and determined in the prior suit. The chapter further addresses the applicability of both administrative res judicata and administrative collateral estoppel in proceedings at the judicial level. The chapter concludes with a discussion of the doctrine of stare decisis, which requires courts to adhere to established precedent. The chapter explains the general rule that administrative agencies are not bound by the doctrine. However, it also discusses the standard governing an agency's decision to change prior rulings and decisions. In addition, it provides the requirements for an agency applying stare decisis should it choose to do so.
Administrative Law (Matthew Bender) is a current, objective, and authoritative 6-volume treatise and guide, with a special emphasis on federal agencies. It analyzes all aspects of administrative law and the administrative process, including adjudications, hearings, and licenses. Case law on issues is categorized by district and circuit courts, which facilitates research on precedence in the desired jurisdiction. It also includes forms and primary source material for practice.
Administrative Determinations,Administrative Agencies,Res Judicata,Collateral Estoppel,Stare Decisis
OTHER RELATED CHAPTERS: (View)
For further discussion of administrative decisions, see Ch. 33, Administrative Adjudications; Ch. 36, Agency Orders; Ch. 38, The Institutional Decision; and Ch. 39, Decisions under the Administrative Procedure Act.
OTHER RELATED PUBLICATIONS:
For further discussion of res judicata, collateral estoppel, and stare decisis, see:
- Antieau on Local Government Law, Second Edition, Ch. 26, Exercise of Authority by Local Administrative Agency (Matthew Bender).
- Moore's Federal Practice--Civil, Ch. 131, Claim Preclusion and Res Judicata; Ch. 132, Issue Preclusion and Collateral Estoppel; and Ch. 134, Stare Decisis, Law of the Case, and Judicial Estoppel (Matthew Bender).
- Moore's Manual: Federal Practice and Procedure, Ch. 30, Res Judicata and Related Doctrines (Matthew Bender).