Access to Review Essay

Access to Review Essay

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When it comes to our courts there are many rules and regulations that our Supreme Court Justices must abide by. There are many restraints placed upon them and their ability to legally hear a case. Justices are restrained by the types of cases before them as well as jurisdiction, legitimacy and capacity, judicial role, and access to review. Under access to review there are many interesting caveats to the law that must be looked at with a critical eye and an understanding that not all cases are able to be heard by the Supreme Court. Access to review touches quite a few rules within the court; three of which will be discussed herein: ripeness, standing, and justicabilty.
Ripeness is the notion that a case is ready to be heard before the Supreme Court only when all other involved agencies have exhausted their efforts to solve the dispute. The purpose of ripeness or of the doctrine introduced by ripeness ‘Exhaustion of Administrative Remedies’ is to prevent the courts premature involvement in cases that have yet to reach a final decision by other remedies and through other administrative agencies. In addition to these ripeness restrictions, the doctrine also provides that cases must face an immediate and nearly definite promise of adverse governmental action before a case may be heard before the Supreme Court.
The doctrine “Exhaustion of Administrative Remedies” was adapted to give overseeing administrative agencies the authority to handle grievances within their jurisdiction as afforded to them by congress.
“Requiring exhaustion helps agencies avoid the cost of making decisions without all interested parties present; increases accuracy, consistency, and public acceptability of administrative decisions; conserves judicial resou...


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...st of time. Our court system is terribly overburdened and we must maintain a sense of law and order if it is going to continue to work in favor of the most deserving litigants.




Works Cited

Gelpe, Marcia R., "Exhaustion of Administrative Remedies: The Lesson from Environmental Cases" (1985).Faculty Scholarship Paper 81. http://open.wmitchell.edu/facsch/81

For Encyclopedia of American Law: Standing. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved April 20 2014 http://legal-dictionary.thefreedictionary.com/standing

John E. Finn (2006). "Civil Liberties and the Bill of Rights". The Teaching Company. "Part I: Lecture 4: The Court and Constitutional Interpretation

Murphy, Walter F., C. Herman Pritchett, and Lee Epstein. Courts, judges & politics: An introduction to the judicial process. 6th ed. Boston: McGraw-Hill, 2002.

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