Legal Definitions - administration of justice

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Definition of administration of justice

The administration of justice refers to the entire system and process by which a government maintains order, enforces laws, and resolves disputes within its society, ensuring that rights are protected and wrongs are addressed. It encompasses all the institutions, procedures, and personnel—such as courts, police, prosecutors, and correctional facilities—that apply legal rules and, when necessary, use the state's authority and power to ensure compliance and uphold fairness.

Here are some examples illustrating the administration of justice:

  • Criminal Prosecution: When an individual is accused of committing a crime, such as assault or fraud, the administration of justice begins. Police investigate the incident, gather evidence, and make an arrest. Prosecutors then decide whether to bring charges, and the case proceeds through the court system. A judge or jury determines guilt or innocence, and if found guilty, a sentence is imposed. This entire sequence, from investigation to punishment, demonstrates the state's use of its authority (police power, court proceedings, correctional facilities) to enforce criminal laws and uphold the "rule of right" against harmful actions.

  • Civil Dispute Resolution: Imagine two businesses have a disagreement over a contract, where one claims the other failed to deliver goods as agreed. They might file a lawsuit in a civil court. The court provides a structured environment for both parties to present their arguments and evidence. A judge or jury will then apply relevant contract law to determine which party is in the right and may order compensation or specific performance. This process illustrates the administration of justice by providing a neutral forum for resolving disputes peacefully and fairly, backed by the state's power to enforce the court's judgment.

  • Regulatory Enforcement: Consider a situation where a manufacturing company is found to be polluting a local river in violation of environmental protection laws. A government environmental agency would investigate, gather evidence of the violation, and could then impose fines, issue cease-and-desist orders, or even pursue legal action to compel the company to clean up the pollution and implement stricter controls. This shows the administration of justice in action as the state uses its regulatory and legal authority to enforce laws designed to protect public welfare and the environment, applying sanctions when rules are broken.

Simple Definition

The administration of justice describes how a state maintains order and upholds the law within its community. It involves the government using its authority and enforcement mechanisms to apply legal rules and ensure fairness, backed by the state's power.

It's every lawyer's dream to help shape the law, not just react to it.

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