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Quasi-Judicial

A framework or procedure under the auspices of a State’s judicial branch or tribal court in which court officers other than judges process, establish, enforce and modify support orders, usually subject to judicial review. The court officer may be a magistrate, a clerk, master, or court examiner. He or she may or may not have to be an attorney, depending on the State or tribal law.

Question: What is the difference between judicial, quasi-judicial, and administrative processes? Too add to the question, let's say you have a judge who renders decisions based on hearsay evidence, without finding of fact or conclusions of law. Would that be considered judicial, quasi-judicial, or administrative process, or would that be considered acting outside of their subject matter jurisdiction. Most importantly, would it be considered enforceable or void?

Answer: That would be considered judicial. And it would be fully enforceable unless it is successfully appealed or reviewed by a higher authority or court. A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization. So an actual judge would no be involved as such, because then is would be judicial rather than quasi-judicial. An administrative process would not usually be concerned with hearsay evidence. It would be something like a High Court Judicial Review (which is both a judicial and administrative process).

 


Quasi-Judicial Related Products and News

Irish Independent

Tenants who stop paying rent can live 'free' for 18 months
Irish Independent
 

PW board: No more pot

Pueblo Chieftain
He said under quasi judicial proceedings, it would not work. ?Some of those provisions have no legal validity whatsoever, but hopefully we will have a voice with the other reasonable considerations,? Carmel said. During the public comments section of ...
 

Pequea supervisors approve plans for Willow Run development, clash over ...

Lancaster Newspapers
Reidenbach, a previous chairman of the planning commission, said it would be a "nice but unnecessary gesture." The zoning hearing board, like the supervisors, already do receive compensation for what Lehman called "quasi-judicial" service to the ...
 

Pickles refuses wind turbines near Flodden Fields monument

PlanningResource (subscription)
"Planning is a quasi-judicial process, and all decisions are made with due process and a fair hearing. We are, however, keeping planning policy on renewable energy under review and will consider whether any further steps are appropriate. We are open to ...
 

Tribunal Initiates Inquiry: Oil Country Tubular Goods from Chinese Taipei ...

Marketwired (press release)
The Tribunal is an independent quasi-judicial body that reports to Parliament through the Minister of Finance. It hears cases on dumped and subsidized imports, safeguard complaints, complaints about federal government procurement and appeals of customs ...
 

SC shame: Katju's allegation damns integrity of three Chief Justices of India

Firstpost
One can understand using the experience of judges for running quasi-judicial organizations, but if there is no cooling off period between retirement and new postings, what is the guarantee these judges will be truly independent? Won't they be beholden ...
 

Condor to add services while ferry repairs continue

Travel Weekly UK
?Complex? repairs in dry dock in Falmouth are required to the Commodore Clipper following the incident on July 14. Condor is to transfer Clipper passengers onto its high-speed ferries and hopes to charter a replacement vessel to carry freight from the ...
 

Calgary Herald

Alberta pushing more matters to small claims and faster trials
Canadian Lawyer Magazine
 

The Energy Regulation And Markets Review - Canada

Mondaq News Alerts (registration)
They act as quasi-judicial tribunals, independent of the businesses they regulate. Although in large part they exercise their powers free of interference from government, their jurisdiction is set out in legislation that may be amended by the relevant ...
 

Province to move landlord-tenant disputes out of Alberta courts

Edmonton Journal
The government plans to introduce legislation in the fall that will transfer authority over landlord tenant disputes to the quasi-judicial Residential Tenancy Dispute Resolution Service. The bill will also include the creation of a ?summary trial ...