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Judicial economy or procedural economy[1][2][3] is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case. For example, the plaintiff may claim that the defendant's actions violated three distinct laws. Having found for the plaintiff for a violation of the first law, the court then has the discretion to exercise judicial economy and refuse to make a decision on the remaining two claims, on the grounds that the finding of one violation should be sufficient to satisfy the plaintiff.
Threshold issue in a given case
editIn the presence of a threshold issue that will ultimately decide a case, a court may, depending on the degree of prejudice to the litigants rights, elect to hear that issue rather than proceeding with a full-blown trial.
Class action lawsuits
editClass action lawsuits are another example of judicial economy in action, as they are often tried as a single case, yet involve many cases with similar facts.[4] Rather than trying each case individually, which would unduly burden the judicial system, the cases can be consolidated into a class action.
Notes
edit- ^ Office, European Patent. "Case Law of the Boards of Appeal". www.epo.org.
- ^ "Procedural Economy | Free Online Dictionary of Law Terms and Legal Definitions". 27 July 2017.
- ^ Sarvarian, Arman (May 8, 2019). "Procedural Economy at the International Court of Justice". The Law & Practice of International Courts and Tribunals. 18 (1): 74–100. doi:10.1163/15718034-12341396. S2CID 159281680 – via brill.com.74-100&rft.date=2019-05-08&rft_id=info:doi/10.1163/15718034-12341396&rft_id=https://api.semanticscholar.org/CorpusID:159281680#id-name=S2CID&rft.aulast=Sarvarian&rft.aufirst=Arman&rft_id=https://brill.com/view/journals/lape/18/1/article-p74_4.xml&rfr_id=info:sid/en.wikipedia.org:Judicial economy" class="Z3988">
- ^ "Class Action". Wex Legal Dictionary. Retrieved 5 May 2015.
External links
edit- Judicial Economy Law and Legal Definition
- Class Action Lawsuits: A Legal Overview for the 115th Congress Congressional Research Service