A quasi-judicial body determines facts, holds hearings, and issues judgments, but is not responsible for carrying out proceedings. Examples include city councils, which can assess fines or revoke licenses. Punishments are limited and cases can be appealed in traditional courts if necessary.
Quasi-judicial refers to the actions of a group of people, or perhaps an authorized individual, charged with determining facts, holding hearings, and perhaps even issuing subpoenas for individuals. The goal is often to arrive at an understanding of the facts of a case and to form a judgment about possible outcomes or consequences. The term implies that this body is not usually responsible for carrying out such proceedings and may often have other duties.
An example of such a body is a city council which may choose to enforce some of its own ordinances, especially those with a civil penalty component. The council can assess fines or even withdraw or suspend a business license. If the city council acts as a quasi-judicial body, it may be required to hold hearings which are from time to time very similar to court proceedings. Introducing evidence and calling witnesses are a couple of things that can be done during these hearings.
Generally, the parajudicial body can make a decision which then becomes legally binding, unless it is contested. By the time an appeal takes place, the case often moves into a traditional court system. The judge, in such cases, may not have the role of ascertaining the facts of the particular case, but simply be charged with determining whether the quasi-judicial entity made a decision which it was empowered to make, and was within the confines of the law and any administrative regulations.
In almost all cases, the punishment that a quasi-judicial body can impose is extremely limited, especially in the United States. Most of the time, the penalty may not include jail time. As with a city council or commission, all it can do is simply revoke the privileges it has already extended. This is why commercial licenses and permits may be a prime target for such bodies.
If it is not possible to find an adequate remedy by resorting to a quasi-judicial system, the alternative is to seek an appeal in the plenary session. This can happen if the matters are difficult and the full authority of the law is needed to obtain facts and evidence. Trouble can also be pushed into the justice system if the offending individual fails to comply or pay the fines. In such cases, a court could compel the individual to comply.
Any case that might constitute a violation of the law could still be heard in a traditional court, if the parajudicial body decides not to act. The quasi-judicial body is not a court and therefore there is no double protection at risk. In many cases, it may be in the local government’s interest to keep the matter out of the justice system. This way, any fines or other penalties remain within the local community for the benefit of that community.
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