Adjudication

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Settlement of opposing arguments by notice and trial in a court of law; also a court's ruling, such as adjudication of bankruptcy. Contrast with Arbitration.

The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a determination. It indicates that the claims of all the parties thereto have been considered and set at rest.

Three types of disputes are resolved through adjudication: disputes between private parties, such as individuals or corporations; disputes between private parties and public officials; and disputes between public officials or public bodies. The requirements of full adjudication include notice to all interested parties (all parties with a legal interest in, or legal right affected by, the dispute) and an opportunity for all parties to present evidence and arguments. The adjudicative process is governed by formal rules of evidence and procedure. Its objective is to reach a reasonable settlement of the controversy at hand. A decision is rendered by an impartial, passive fact finder, usually a judge, jury, or administrative tribunal.

The adjudication of a controversy involves the performance of several tasks. The trier must establish the facts in controversy, and define and interpret the applicable law, or, if no relevant law exists, fashion a new law to apply to the situation. Complex evidentiary rules limit the presentation of proofs, and the Anglo-American tradition of stare decisis, or following precedents, controls the outcome. However, the process of applying established rules of law is neither simple nor automatic. Judges have considerable latitude in interpreting the statutes or case law upon which they base their decisions.

An age-old question that still plagues legal theorists is whether judges "make" law when they adjudicate. Sir William Blackstone believed that judges do nothing more than maintain and expound established law (Commentaries on the Laws of England); other writers vehemently disagree. Some legal analysts maintain that the law is whatever judges declare it to be. Echoing those sentiments, President Theodore Roosevelt asserted that "the chief lawmakers in our country may be, and often are, the judges, because they are the final seat of authority. Every time they interpret … they necessarily enact into law parts of a system of social philosophy; and as such interpretation is fundamental, they give direction to all law-making" (Message to Congress [Dec. 8, 1908]). Supreme Court Justice Benjamin N. Cardozo, writing in The Nature of the Judicial Process, argued that the law is evolutionary and that judges, by interpreting and applying it to specific sets of facts, actually fashion new laws.

Whether judges are seen as making law or merely following what came before, they are required to operate within narrow strictures. Even when they are deciding a case of first impression (a question that has not previously been adjudicated), they generally try to analogize to some existing precedent. Judges often consider customs of the community; political and social implications; customs of the trade, market, or profession; and history when applying the law. Some, such as Justice Oliver Wendell Holmes and Justice Cardozo, thought that considerations of social and public policy are the most powerful forces behind judicial decisions.

A hearing in which the parties are given an opportunity to present their evidence and arguments is essential to an adjudication. Anglo-American law presumes that the parties to the dispute are in the best position to know the facts of their particular situations and develop their own proofs. If the hearing is before a court, formal rules of procedure and evidence govern; a hearing before an administrative agency is generally less structured.

Following the hearing, the decision maker is expected to deliver a reasoned opinion. This opinion is the basis for review if the decision is appealed to a higher tribunal (a court of appeals). It also helps ensure that decisions are not reached arbitrarily. Finally, a well-reasoned opinion forces the judge to carefully think through his or her decision in order to be able to explain the process followed in reaching it.

Adjudication of a controversy generally ensures a fair and equitable outcome. Because courts are governed by evidentiary and procedural rules, as well as by stare decisis, the adjudicative process assures litigants of some degree of efficiency, uniformity, and predictability of result.

See: Judiciary.

A legal ruling or judgment. Adjudication can also refer to the legal process of hearing and settling a case. It usually refers to the final judgment or pronouncement in a case that will determine the course of action taken in reference to the issue presented.

Investopedia Says:

Adjudication can also refer to a decree in the bankruptcy process between the defendant and the creditors. In the healthcare industry, adjudication is used to determine the carrier's liability for claims submitted by the insured. Adjudications can be handed down in disputes between private parties and public officials or organizations.

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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:

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 1 Other meanings 1.1 In construction 1.2 In healthcare 1.3 Pertaining to security clearances 1.4 Referring to a minor 1.5 In Australia 1.5.1 In Victoria 1.5.2 In Queensland 2 See also 3 Further reading 4 References

Other meanings

Adjudication can also be the process (at dance competitions, in television game shows and at other competitive forums) by which competitors are evaluated and ranked and a winner is found.

In construction

The relevant legislation in the UK is the Housing, Construction and Regeneration Act 1996, (1996 Chapter 53).^[1]

In healthcare

Claims adjudication in health insurance refers to the determination of the insurer's payment or financial responsibility, after the member's insurance benefits are applied to a medical claim. The process of claims adjudication, in this context, is also referred to as [medical billing advocacy].

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.

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

• The Arizona State Legislature has this definition:

"'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."
[1]*

The 'Illinois General Assembly' has this definition:

"'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. "[2]

In Australia

In Victoria

Adjudication [3] is a relatively new process introduced by the Government of Victoria[4] 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.[5]

Builders, sub-contractors and suppliers need to carefully choose a nominating authority to which they make an adjudication application.[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 [7].

See also

Look up adjudication in Wiktionary, the free dictionary.

• Administrative law
• Alternative dispute resolution (e.g. Arbitration, Mediation)
• Collateral estoppel
• Dispute resolution (e.g. Lawsuit)
• Jurisprudence
• Res judicata

Further reading

• Darren Noble, Users' Guide to Adjudication in Victoria (Anstat 2009)[8]
• Alexander Bickel, The Least Dangerous Branch: The Supreme Court at the Bar of Politics, 2nd ed. (Yale University Press, 1986).
• Gad Barzilai, Communities and Law: Politics and Cultures of Legal Identities (Ann Arbor: University of Michigan Press, 2003).
• 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).

References

1. ^ Official text of the Housing Grants, Construction and Regeneration Act 1996, (1996 Chapter 53) as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database

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