abstention doctrine


abstention doctrine
Doctrine of "abstention" permits a federal court, in the exercise of its discretion, to relinquish jurisdiction where necessary to avoid needless conflict with the administration by a state of its own affairs. Surowitz v. New York City Emp. Retirement System, D.C.N.Y., 376 F.Supp. 369, 376; Railroad Commission of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971.

Black's law dictionary. . 1990.

Look at other dictionaries:

  • abstention doctrine — n. A policy that allows federal courts to relinquish jurisdiction over a matter and allow a state court to decide a federal constitutional question or a matter of state law. The Essential Law Dictionary. Sphinx Publishing, An imprint of… …   Law dictionary

  • Abstention doctrine — United States Federal Civil Procedure Doctrines Justiciability Advisory …   Wikipedia

  • abstention doctrine — noun A rule under which a federal court in the United States will decline to exercise jurisdiction over a lawsuit because the suit could or should instead be heard by a state court …   Wiktionary

  • equitable abstention doctrine — A court may refrain from exercising jurisdiction which it possesses in the interest of comity between courts and between states as in the case of actions involving the affairs of a foreign corporation or foreign land. Doctrine also applies to… …   Black's law dictionary

  • doctrine — doc·trine / däk trən/ n: a principle established through judicial decisions compare law, precedent doc·tri·nal / trə nəl/ adj Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • Abstention (disambiguation) — Abstention or abstaining is refusing to vote in an election or in a parliamentary vote. It may also refer to: *abstentionism, standing for election to an assembly while boycotting the assembly itself *abstention doctrine, applied by a court… …   Wikipedia

  • doctrine — A rule, principle, theory, or tenet of the law; as, e.g. Abstention doctrine; Clean hands doctrine, etc …   Black's law dictionary

  • abstention — ab·sten·tion /əb sten chən/ n: the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford abstention / bər… …   Law dictionary

  • Burford doctrine — Under Burford Doctrine of abstention, federal courts have refrained from interfering with complex state regulatory schemes. Clutchette v. Procunier, D.C.Cal., 328 F.Supp. 767, 772 …   Black's law dictionary

  • Pullman abstention — This doctrine allows federal courts to stay proceedings before it in order to provide state courts opportunity to settle underlying, unsettled questions of state law, thus avoiding possibility of federal court s unnecessarily deciding… …   Black's law dictionary


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