Under 28 USC 2201, in a case of actual controversy any court of the United States...may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.
a. Rule 57 provides that the existence of another adequate remedy [i.e. money damages at law] does not preclude a declaratory judgment (which is equitable relief).
b. actual controversy requirement is to generate focused opinions based on facts, rather than hypotheticals.
1) keeps judiciary from legislating
2) not an advisory opinion so it does have precedential value.
3) can even be based on contingent rights within the power of the ð to control - see Amer. Machine
4) not available if the statute has not yet been enforced against anyone and is contingent that it might - See Intl Longshormen
c. further relief refers to additional remedies that could be sought such as money, etc.
a. Rule 57 provides that the existence of another adequate remedy [i.e. money damages at law] does not preclude a declaratory judgment (which is equitable relief).
b. actual controversy requirement is to generate focused opinions based on facts, rather than hypotheticals.
1) keeps judiciary from legislating
2) not an advisory opinion so it does have precedential value.
3) can even be based on contingent rights within the power of the ð to control - see Amer. Machine
4) not available if the statute has not yet been enforced against anyone and is contingent that it might - See Intl Longshormen
c. further relief refers to additional remedies that could be sought such as money, etc.
JAN 30, 2003 09:46 AM
JAN 30, 2003 12:49 PM
JAN 30, 2003 08:32 PM
JAN 30, 2003 10:49 PM
JAN 31, 2003 03:20 AM
JAN 31, 2003 07:45 PM
JAN 31, 2003 09:53 PM
