primary jurisdiction doctrine
- primary jurisdiction doctrine
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The principle that the courts can not or will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal, prior to the decision of that question by the administrative tribunal, (1) where the case demands the exercise of administrative discretion, requiring the special knowledge, experience, and services of the administrative tribunal, to determine technical and intricate matters of fact; and (2) where uniformity of ruling is essential to comply with the purposes of the regulatory statute administered. 2 Am J2d Admin L § 788.
Ballentine's law dictionary.
Anderson, W.S..
1998.
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