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9 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Declaratory relief
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A declaratory judgment conclusively determines the rights of parties involved in a contested issue, thereby settling the controversy without awarding any additional relief
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Declaratory remedies
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Authoritatively resolve disputes about the parties' right, but they do not end in a personal command to defendant
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Declaratory judgment
Bills to quiet title |
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Past earnings
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Loss of actual wages
Loss of earning capacity (e.g., lost opportunities) |
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Work expectancy
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Temporary disability
Permanent disability (based on probable work expectancy) Shortened life expectancy is disregarded. |
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Declaratory relief-Bring a suit
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Either bring suit soley for pur declaratory relief or request for all other relief togher with the declaratory relief.
If P couples declaratory relief with a request for any other relief, P is then barred from asking for additional relief in a later case. |
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Declaratory relief
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Res Judicata
Collateral estoppel. |
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Declaratory Judgment-Federalism
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Once state procesutors tak formal steps to begin crimina prosetution (e.g., filig an indictment), federal courts will abstain from hearing a case requesing a declaration.
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Declaratory Judgment-Federalism
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Even if a would-be criminal D files a declaratory relief action in federal court first, Younger abstention still applies if the state commences a prosecution before any proceeding of substance on the merits take place in the federal court.
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Declaratory judgment-Requirement
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The complainant assets right which are challenged by D, presents for decision an acutual controversy to which he is a party, capable of final adjudication by the judgment or cecree to be rendered.
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