Judicial Abstention

/ˈdʒuːdɪʃəl əbˈstɛnʃən/

Definitions

  1. (n.) A doctrine whereby a court declines to exercise its jurisdiction to avoid interfering with ongoing state proceedings or political questions.
    The federal court invoked judicial abstention to refrain from adjudicating the case.

Forms

  • judicial abstention

Commentary

Judicial abstention is often employed to respect comity between state and federal courts or to avoid constitutional questions; selecting the appropriate abstention doctrine depends on the case context.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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Amicus Docs | Judicial Abstention Definition