We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Equal Access to Justice Act [EAJA] and Its Implications
Definition & Meaning
The Equal Access to Justice Act (EAJA) is a federal law enacted in 1980 that allows individuals and entities to recover certain legal costs when they successfully challenge the federal government in court. This includes the possibility of receiving reimbursement for attorney fees and expert witness fees. The EAJA is particularly significant as it can provide relief even in cases where no specific law authorizes fee awards, ensuring that those who prevail against the government are not burdened by legal costs.
Table of content
Legal Use & context
The EAJA is primarily used in civil litigation against federal agencies. It is relevant in various areas of law, including administrative law, environmental law, and immigration law. Individuals or organizations that believe they have been wronged by federal actions can utilize the EAJA to seek compensation for their legal expenses. Users can often manage the initial stages of this process themselves using legal templates from US Legal Forms, which can simplify the preparation of necessary documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A small business successfully challenges a federal regulation that adversely affects its operations. After winning the case, the business applies for reimbursement of its legal fees under the EAJA.
Example 2: An individual disputes a federal agency's decision regarding social security benefits. After prevailing in court, they seek attorney fees under the EAJA. (hypothetical example)
Relevant laws & statutes
The primary statute governing the EAJA is the Equal Access to Justice Act itself, codified at 28 U.S.C. § 2412. This statute outlines the conditions under which fee awards may be granted against the United States.
Comparison with related terms
Term
Definition
Key Differences
Equal Access to Justice Act
A federal law allowing recovery of legal fees against the government.
Applies specifically to cases against federal entities.
Fee Shifting
A general term for laws allowing the winning party to recover legal fees.
Can apply in various contexts, not limited to federal cases.
Common misunderstandings
What to do if this term applies to you
If you believe the EAJA applies to your situation, consider the following steps:
Gather all documentation related to your case and legal expenses.
Consult with a legal professional to assess your eligibility and the potential for fee recovery.
Explore US Legal Forms for templates that can help you prepare your application for fees.
For complex cases, seeking professional legal help is advisable to navigate the process effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.