nsAm_Govt_101_ta
862
edits
Changes
Jump to navigation
Jump to search
Line 1:
Line 1: +
Declaratory Judgment Act (view source)
Revision as of 06:12, January 26, 2008
, 06:12, January 26, 2008added
The '''Declaratory Judgment Act''' of 1934, 28 U.S.C. §§ 2201-2202, enabled parties to bring lawsuits in [[federal court]] to obtain [[declaratory relief]] not otherwise available. It has been particularly useful in patent cases, but is controversial as a basis for federal jurisdiction.
The '''Declaratory Judgment Act''' of 1934, 28 U.S.C. §§ 2201-2202, enabled parties to bring lawsuits in [[federal court]] to obtain [[declaratory relief]] not otherwise available. It has been particularly useful in patent cases, but is controversial as a basis for federal jurisdiction.
A ''declaratory judgment'' is a court order stating certain facts, especially facts that bear upon the legality of a contemplated action. For example, where a person plans to undertake a risky or controversial action, he may seek a ''declaratory judgment'' as to its legality.
== Sources ==
== Sources ==
* Donald L. Doernberg and Michael B. Mushlin, "The Trojan Horse: How the Declaratory Judgment Act Created a Cause of Action and Expanded Federal Jurisdiction While the Supreme Court Wasn't Looking," 36 UCLA L. Rev. 529 (Feb. 1989)
* Donald L. Doernberg and Michael B. Mushlin, "The Trojan Horse: How the Declaratory Judgment Act Created a Cause of Action and Expanded Federal Jurisdiction While the Supreme Court Wasn't Looking," 36 UCLA L. Rev. 529 (Feb. 1989)
[[category:law]]
[[category:law]]