Declaratory Judgment

Question 1

what is a declaratory judgment?

Answer 1

Courts allowed to determine rights/legal relations of any interested party seeking such declaration, whether or not further relief is/could be sought.

Question 2

does a DJ come with damages?

Answer 2

No

Question 3

Does a DJ have force & effect of a final judgment or decree?

Answer 3

Yes

Question 4

Is DJ reviewable in the same way a final judgment is?

Answer 4

Yes

Question 5

Is Laches a bar for DJ?

Answer 5

Yes

Question 6

is statute of limitations a bar to declaratory judgment?

Answer 6

Yes

Question 7

Case stating that DJ is justiciable?

Answer 7

Aetna Life Insurance, disability insurance policy. The Court particularly stated that this matter was justiciable because there was an active controversy as to the relationship between the parties, thus it could be reviewed for DJ.

Question 8

DJ Act has understood to confer on fed courts unique, substantial discretion in deciding to declare rights of litigants. On its face, statute says a court may declare rights & legal relations of any interested party seeking declaration. Case?

Answer 8

Wilton v. Seven Falls

Question 9

Federal declaratory relief is not precluded when no state prosecution is pending and a federal plaintiff demonstrates a genuine threat of enforcement of a disputed state criminal statute. Case?

Answer 9

Steffel v. Thompson

Question 10

There is no requirement for the plaintiff to prove the requirements for injunctive relief in order to get DJ. Case?

Answer 10

Steffel v. Thompson