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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A case within a court’s competence includes a decisive technical question entrusted initially to a specialized agency. No exception is shown. The plaintiff argues that judicial power means the court must decide the technical issue immediately; the defendant says the entire substantive claim must disappear forever. Which is best?

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The parties may create a new regulator The court must ignore the statute Both categorical positions necessarily follow Primary jurisdiction may require initial agency determination, with suspension or another appropriate disposition rather than automatic permanent extinction of the claim

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