Administrative Remedy

Administrative Remedy Outside of the Court System

William Jackson

Last Update há 2 meses

Administrative Remedy

You perhaps overlooked the fact that a legal right exists OUTSIDE of the court system.

And you ask (again) a question to which the answer was clearly given. Twice.

The right is the right to challenge. That is the new right. That is the public right. That is the right that is different than scire facias (albeit similar).

We’ve been over this now several times.

Instead of these diversions, will you please go back and hew to the point put to you?

As with equitable remedies, Congress can only create new remedies unknown to the common law if there exists no adequate legal remedy. Scott v. Freely. Otherwise Congress could simply remove the right to a trial by jury by creating a new administrative remedy when a complete and adequate remedy at law existed.

The same situation obtained in England prior to 1791. In order to obtain an equitable remedy, there had to be no adequate legal remedy — otherwise the right to a trial by jury would be denied.

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