1
Q
What is a declaratory judgment?
A
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.
2
Q
Mandatory Requirements for a DJ?
A
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
3
Q
Discretionary Factors for a DJ?
A
(from Morrison v. Parker)
- Whether the DJ would settle the controversy;
- Whether the action would serve a useful purpose in clarifying the legal relations at issue;
- Whether being used merely for the purpose “procedural fencing,”;
- Whether would increase friction b/t federal + state courts/encroach upon jx; AND
- Whether there is an alternative remedy which is better or more effective.
4
Q
Ways of enforcing DJ?
A
