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

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