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Injustice anywhere is a threat to justice everywhere.
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Legal Definitions - quasi-judicial duty
Definition of quasi-judicial duty
A quasi-judicial duty refers to a responsibility or obligation that resembles the duties of a judge, but is performed by an entity or individual who is not part of the traditional court system. These duties typically involve:
- Investigating facts and gathering evidence.
- Holding hearings or proceedings where parties can present their arguments.
- Interpreting and applying specific rules, laws, or regulations.
- Making impartial decisions or issuing orders that affect the rights or obligations of individuals or organizations.
Essentially, a body or person performing a quasi-judicial duty acts much like a judge would, but within an administrative or specialized context rather than a courtroom.
Examples:
Local Zoning Board: Imagine a homeowner wants to build an addition to their house that slightly exceeds the local setback requirements (the minimum distance a building must be from property lines). They apply to the local Zoning Board of Appeals for a variance.
The Zoning Board has a quasi-judicial duty to hold a public hearing. During this hearing, they listen to the homeowner's arguments for the variance, consider any objections from neighbors, review the relevant zoning ordinances, and weigh the evidence presented. Based on these facts and the applicable rules, the board then makes an impartial decision on whether to grant or deny the variance. This process mirrors a court's function of hearing a case, applying laws, and rendering a judgment.
State Professional Licensing Board: Consider a complaint filed against a licensed architect alleging that they violated professional standards of conduct during a project. The State Board of Architects is responsible for overseeing the profession.
The Board undertakes a quasi-judicial duty by investigating the complaint, which may involve gathering documents and interviewing witnesses. They then conduct a formal disciplinary hearing where the architect can present their defense, and the complainant can present their case. The Board members, acting impartially, evaluate the evidence against the state's architectural practice laws and professional ethics codes. Finally, they issue a decision, which could range from a reprimand to the suspension or revocation of the architect's license, much like a court would impose a penalty after finding a violation of law.
Arbitrator in a Contract Dispute: Two businesses have a disagreement over the terms of a supply contract, specifically regarding the quality standards for delivered goods. Instead of going to court, their contract specifies that disputes will be resolved through arbitration.
The appointed arbitrator has a quasi-judicial duty to preside over the arbitration hearing. They listen to testimony from both companies, review contractual documents, examine evidence related to the quality of goods, and interpret the contract's language. The arbitrator then applies the principles of contract law and the specific terms of the agreement to the facts presented, issuing a final and binding decision that resolves the dispute between the two parties. This role is judicial in nature, as the arbitrator acts as a neutral judge of fact and law, but operates outside the formal court system.
Simple Definition
A quasi-judicial duty is a responsibility performed by an administrative agency or public official that involves making decisions similar to those made by a court.
These duties often require interpreting laws, finding facts, and exercising discretion in a way that affects the rights of individuals, even though the body is not part of the judicial branch.