Legal Dictionary

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ADJUDICATION
October 4, 2018 by: Content Team One comment
The term “adjudication” is used to describe the formal giving of a
judgment or decision by a judge in a court of law. For example, an
adjudication is made after all of the applicable evidence has been
reviewed, including the legal arguments put forth by both sides’
attorneys. Once all of that information has been collectively weighed,
the judge is then empowered to make a decision on the matter at hand.
To explore this concept, consider the following adjudication definition.
Definition of Adjudication
Noun
The formal issuing of a judgment or decision by a judge after all of the
evidence has been reviewed, and after both lawyers have made their
arguments in court.
Origin
1685-95 Late Latin (adjūdicātiōn)
What is Adjudication?
Adjudication is the process by which a formal judgment or decision is
made, after the adjudicator has heard all of the arguments in the matter,
and has reviewed all of the relevant exhibits. For example, an
adjudication is made upon the conclusion of a trial.
During a trial, both sides present the evidence they have available to
support their case. They also argue the reasons why their client should
prevail. Once the trial is over and all of the evidence has been submitted
and arguments heard, the judge then collects all of this information
together and makes a decision based on the facts presented.
Adjudicator
An adjudicator is what it sounds like: a person who has the authority to
issue an adjudication. An adjudicator can be anyone from a judge
presiding over a court of law, to an arbitrator who was officially
appointed to settle a dispute out of court. An adjudicator can even be a
judge in the Olympic games. Essentially, the duties of the job are to
preside over and judge a dispute or competition. The adjudicator
simplifies things by determining which party in a disagreement is, in
fact, in the right.
Deferred Adjudication
A deferred adjudication example can be any of the following things:
An adjournment in contemplation of dismissal (ACOD)
Probation before judgment (PBJ)
Deferred entry of judgment (DEJ)
What all of these things have in common is that they are potential forms
of a plea deal that may be offered to a defendant in a criminal matter.
With a deferred adjudication, the defendant must carry out what is
required of him by the court by a certain date, and in return he can plead
either “guilty” or “no contest” to the charges against him. Such
requirements can include:
Probation
Community service
Drug or alcohol rehab
Despite completing these requirements and receiving a deferred
adjudication, the case may not be completely erased from the
defendant’s permanent record. However, by completing the
requirements as ordered, he may be able to prevent the conviction from
being recorded. He may even be able to help his case get dismissed
and/or expunged.
Some cases remain a part of the public record, even if they are
dismissed. And some cases, while not part of the public record, can be
accessed by law enforcement later on, or by government officials when
completing a background check for a job candidacy. With a deferred
adjudication, however, a defendant may be able to have the case
completely erased, which means that his name won’t even turn up in
these limited circumstances.
Withhold of Adjudication
A withhold of adjudication has been misinterpreted as a conviction when
it is not that at all. For example, adjudication is typically withheld by a
judge if the defendant does not have any prior convictions on his record.
If the adjudication is withheld, that means the defendant is ordered to
pay sanctions, but the judge does not officially convict the defendant of
the crime(s) he is being charged with.
In some cases, the judge will issue a withhold even if the defendant does
have prior convictions on his record. Here, the charges against the
defendant are not dropped because only the State Attorney’s office can
drop the charges. Instead, the case officially ends without a conviction.
This is beneficial to the defendant because he does not have to admit that
he was ever convicted of a felony on his job application because it’s true
– he never was. He is also permitted to own a firearm, and he still has
access to his civil rights, like the ability to vote, the ability to serve on a
jury, and the ability to appear as a witness in another case.
Adjudication vs. Arbitration
When a dispute arises, some people prefer arbitration – settling a matter
outside of court, with an arbiter presiding – over bringing the matter to
court, while others would rather do the opposite. Each process, of
course, has its own positives and negatives. Consider the following
elements of adjudication vs. arbitration that parties weigh when
determining how a dispute should be handled.
Time
Arbitration typically provides a much quicker resolution than going
through the court system. This is, in part, because the courts are so
overwhelmed with cases that each meeting before the court can be
months away from the last one. In addition, if arbitration turns into a
legal proceeding, there is a limited right to appeal. While this speeds up
the process, it also means that there are fewer opportunities to challenge
whatever decision is made in the end.
Cost
It used to be that arbitration was far less expensive than taking the matter
to court. It is still less expensive, yes, but much of the expenses involved
in a court case revolve around discovery – a process of information
gathering that has been gaining support in arbitration as well. It makes
sense, too. If you are limited in what you can appeal in a decision after
arbitration, then you should be sure that any and all evidence is brought
to the forefront to support your case before that final decision is made.

Expertise
Arbitration can be significantly more beneficial than the judicial process
because when you hire an arbiter, you are able to choose someone with
specific knowledge of the industry in dispute. A judge is appointed to a
case randomly, and may not be equipped with expertise the necessary to
make a fully formed decision on the matters at hand. This is also part of
the reason why appeals in arbitration are limited. An arbiter knows the
industry that he’s presiding over well enough that when he makes a final
decision, he is rarely in the wrong.
When it comes to employment, especially for contractor roles, many
companies have job applicants acknowledge that they agree to
participate in arbitration if things go south. This way, the company can
push for a speedy resolution without expending what can potentially be
thousands of dollars in attorney fees and court costs.
Related Legal Terms and Issues
Defendant – A party against whom a lawsuit has been filed in civil
court, or who has been accused of, or charged with, a crime or offense.
Expungement – The act of blotting out, erasing, or wiping out a record.
Sanctions – A penalty which is threatened as the result of a failure to
obey the rules or the law, depending on the situation.
Trial – A formal presentation of evidence before a judge and jury for the
purpose of determining guilt or innocence in a criminal case, or to make
a determination in a civil matter.
LInda Hamner
I recently found out I had a ADJ case number filed in another city .
Never had received anything about this. that was in 2013. Now I was
filing a case and they say I must transfer this Adj case to my county, and
that I would have to use the same ADJ #. I have no clue what this adj
was about. They had my name and address and said something was
mailed to me in 2013 but I have never received anything.
-Are you a lawyer?
-No
US Case Law
In the United States, courts exist on both the federal and state levels.

The United States Supreme Court is the highest court in the United States. Lower
courts on the federal level include the US Courts of Appeals, US District Courts,
the US Court of Claims, and the US Court of International Trade and US
Bankruptcy Courts. Federal courts hear cases involving matters related to the
United States Constitution, other federal laws and regulations, and certain matters
that involve parties from different states or countries and large sums of money in
dispute.

Each state has its own judicial system that includes trial and appellate courts. The
highest court in each state is often referred to as the “supre
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arrangements which she intended to make in the UK or elsewhere. Whether it is
correct to differentiate between "own egg" and "donor egg" surrogacies in
awarding damages for such surrogacy expenses.

Do the courts of England and Wales have the power to stay an application for
maintenance pursuant to section 27 of the Matrimonial Causes Act 1973 on the
grounds of forum non conveniens when divorce proceedings are taking place in
Scotland? Are divorce proceedings and maintenance proceedings ‘related actions'
for the purposes of Article 13 of the Maintenance Regulation 2011? Is Schedule 6
of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ultra vires
section 2(2) of the European Communities Act 1972?
The Supreme Court is asked to consider whether to return AM to Zimbabwe would
violate his right under Article 3 of the European Convention on Human Rights not
to be subjected to inhuman treatment by reason of his medical condition, in light of
the decision of the European Court of Human Rights in Paposhvili v Belgium
[2017] Imm AR 867.

(1) Where property is held by the defendant and another person, in what
circumstances is the court making a confiscation order required by section 160A of
the Proceeds of Crime Act 2002, in determining the available amount, to give that
other person a reasonable opportunity to make representations to it at the time the
order is made?
 Where a life prisoner convicted of inter alia terrorist murders secures early
release on licence under the Northern Ireland (Sentences) Act 1998 ("1998 Act")
and such licence is revoked due to fundamental breaches occasioned by further
terrorist offending while on release and the prisoner is convicted of such further
offences, receiving no effective additional sentence,[ ] having regard to the
provisions of the 1998 Act and the Life Sentences (NI) Order 2001 ("2001 Order")
is the prisoner's judicially determined "tariff" to include the period of his release on
licence?

Where a life prisoner convicted of inter alia terrorist murders secures early release
on licence under the Northern Ireland (Sentences) Act 1998 ("1998 Act") and such
licence is revoked due to fundamental breaches occasioned by further terrorist
offending while on release and the prisoner is convicted of such further offences,
receiving no effective additional sentence,[ ] having regard to the provisions of the
1998 Act and the Life Sentences (NI) Order 2001 ("2001 Order") is the prisoner's
judicially determined "tariff" to include the period of his release on licence?
 Whether, on an application for planning permission for a wind turbine proposed
to be undertaken by a community benefit society, the distribution to the local
community of a community benefit fund derived from the operation of the turbine
is, in the circumstances of the case, a material planning consideration which the
council could lawfully take into account when considering whether to grant
planning permission.

Whether, on an application for planning permission for a wind turbine proposed to

1) Whether the Appellant worked under contract of employment - thus satisfying