Declaratory Judgments

Question 1

What is a declaratory judgment?

Answer 1

This judgment defines each party’s rights before there is an actual violation. The potential D is the plaintiff seeking to clarify rights before breach and lawsuit.

This action WILL NOT provide ASSESSMENT OF DAMAGES.

Question 2

Mandatory Requirements for a DJ?

Answer 2

Plaintiff must show:

(1) an actual controversy;
(2) that is definite and concrete;
(3) between parties with adverse interests; and
(4) of sufficient immediacy or ripeness

Question 3

Discretionary Factors for a DJ?

Answer 3

(from Morrison v. Parker)

1. Whether the DJ would settle the controversy;
2. Whether the action would serve a useful purpose in clarifying the legal relations at issue;
3. Whether being used merely for the purpose “procedural fencing,”;
4. Whether would increase friction b/t federal + state courts/encroach upon jx; AND
5. Whether there is an alternative remedy which is better or more effective.

Question 4

Ways of enforcing DJ?