WebDefinition & Citations: Law phrase. (1) a dismissed case cannot be tried again, (2) court order is final. See without prejudice. WebThe U.S. Supreme Court in Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270 (1941), endorsed a totality of the circumstances test for determining whether a party seeking relief under the Declaratory Judgment Act has demonstrated that a justiciable “controversy” exists.
actual controversy Wex US Law LII / Legal Information Institute
WebAug 15, 2024 · Declaratory judgments allow “the court to take hold of a controversy one step sooner than normally — that is, after the dispute has arisen, but before steps are taken which give rise to claims for damages or other relief. The parties to the dispute can then learn the consequences of their action before acting.”‘ Kaske v. Webdeclaratory judgment. n. a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. While this borders on the prohibited "advisory opinion," it is allowed to nip controversies in the bud. Examples: a party to a contract may seek the legal interpretation of a contract to determine the ... matrix stiffness method
California Law Review - JSTOR
WebCongress authorizing the federal courts to render declaratory judgments, it is necessary to examine the history of the question of constitutionality as it has been presented in the record of American cases. State Courts Aside from the little used and narrow statutes granting a limited power of rendering declaratory judgments in Rhode Island (1876), WebDECLARATORY Something which explains, or ascertains what before was uncertain or doubtful; as a declaratory statute,…. JURISDICTIONAL AMOUNT A monetary amount … Webdeclaratory adjective de· clar· a· to· rydi-ˈklar-ə-ˌtōr-ē : serving to declare, set forth, or explain: as a : declaring what is the existing law b : declaring a legal right or … herbicide chemical formula