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Topic: Declaratory Act

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	Declaratory Act - Wikipedia, the free encyclopedia
		Acts of Parliament of the Kingdom of England to 1600
		Acts of Parliament of the Kingdom of England to 1640
		Acts of Parliament of the Kingdom of Ireland
	en.wikipedia.org /wiki/Declaratory_Act (277 words)

	Declaratory judgment - Wikipedia, the free encyclopedia
		A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute.
		Declaratory judgment is common when one party sends another a cease and desist letter.
		Declaratory judgments are common in patent litigation - as well as in other areas of intellectual property litigation - because declaratory judgments allow an alleged infringer to "clear the air" with regard to a product or service which may be the focal point of a business.
	en.wikipedia.org /wiki/Declaratory_judgment (891 words)

	00-669
		Declaratory judgments -- appellants had standing to challenge Act -- municipal corporation may be person for purposes of obtaining declaratory relief.
		Act 779 ("An Act to Assist Landowners to Obtain Municipal Services; and for Other Purposes") was enacted by the Arkansas General Assembly on March 22, 1999.
		The Act provides that "[a] landowner or group of landowners seeking additional municipal services may have their land detached from the municipality in which it is located and annexed into another municipality that borders the land" in order to obtain the services.
	courts.state.ar.us /opinions/2001a/20010215/00-669.html (2389 words)

	No. 98-1857
		We conclude that the circuit court properly exercised its discretion in dismissing Robert's declaratory judgment action because Roberts' claim: (1)falls outside the Uniform Declaratory Judgments Act; and (2) fails to establish the prerequisites to a declaratory judgment action.
		The "underlying philosophy" of the act is to enable controversies to be brought before the courts for resolution before a wrong has been threatened or committed.
		The trial court concluded that Brandon failed to establish the four prerequisites and, therefore, the controversy was not justiciable and declaratory relief was inappropriate.
	www.wisbar.org /res/capp/z1998/98-1857.htm (1923 words)

	Gospel and the Free Church Act of 1892 by James Sinclair (Site not responding. Last check: 2007-10-12)
		The historical significance of the Declaratory Act is that it was the formal reason for the separation of the Free Presbyterians from the Free Church of Scotland in 1893.
		The preamble of the Act sets forth that it was framed to “remove difficulties and scruples which have been felt by some in reference to the declaration of belief required” from candidates for office in the Church.
		But if, according to the Act, men are not foreordained to death, “ irrespective of their own sin,” then Adam’s sin did not merit for the race everlasting death, which consequently implies either that Adam did not stand for his posterity, or that his sin deserved less than the curse of God.
	www.fpcr.org /blue_banner_articles/Free-Church-Act-1892.htm (4880 words)

	The Expanded Availability of Declaratory Statements in Administrative Law (Site not responding. Last check: 2007-10-12)
		Cases interpreting the Act have held that the use of declaratory judgments "should be liberally construed and their boundaries elastic." Declaratory statements are intended to have a similar effect in the administrative arena, when a party's rights are in the hands of a state agency.
		By limiting the use of declaratory statements to those occasions when "only" the petitioner's interests would be affected, the courts, and perhaps the legislature, clearly segregated the remedies related to rulemaking from the relief afforded by declaratory statements.
		Declaratory statements are meant to address a pending crisis which is particular to the circumstances.
	www.gtlaw.com /pub/articles/2000/fraziers00a.htm (1586 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or dec ree, except that finality for purposes of filing an appeal as of right shall be determined in accordance with s.
		Wisconsin courts are charged with interpreting and construing the Uniform Declaratory Judgments Act so \'93 as to effectuate its general purpose.\'94 Section 806.04(15),}{\scaps\insrsid15606069 Stats.}{\insrsid15606069 The \'93underlying philosophy\'94 of the act is to enable controversies to be brought before the courts for resolution before a wrong has been threatened or committed.
		}{\insrsid15606069 Obviously, declaratory judgment would not have terminated the instant controversy.}{\scaps\insrsid15606069 }{\insrsid15606069 The trial court concluded that Brandon failed to establish the four prerequisites and, therefore, the controversy was not justiciable and declaratory relief was inappropriate.
	www.courts.state.wi.us /ca/opinions/98/98-1857.doc (1895 words)

	Government Employees Insurance Co. - GEICO v. Dizol
		The enactment of the Declaratory Judgment Act of 1934, Pub.
		Application of the Brillhart interpretation of the Declaratory Judgment Act to this matter is complicated by the failure of the parties to recognize that the district court's jurisdiction is discretionary.
		The Declaratory Judgment Act, 22 U.S.C. SS 2201 and 2202, was enacted in 1934.
	www.accidentlawyerhawaii.com /cases-news/personalinjurycases024.html (7726 words)

	Ronald Arthur Lowry - Articles
		It has become fashionable in recent years for insurers to sue their own insureds in a declaratory judgment action seeking to avoid coverage under a policy of liability insurance or to support the insurer’s denial of a first party claim by the insured.
		Under the Federal Declaratory Judgment Act is clear that the granting of declaratory relief is a matter of trial court discretion.
		One factor which supports the dismissal of a declaratory judgment action is the conduct of the insurer in filing such a declaratory judgment action to pre-empt the insured from having a choice of forum in a first party claim.
	www.ronaldarthurlowry.com /oldsite/abuse.htm (2037 words)

	The Tea Act (Site not responding. Last check: 2007-10-12)
		An act is a law being passed by the King to tax or burden the colonists.
		Woolen Act: The woolen act was enacted in 1699.
		Quartering Act: British soldiers were sent to the colonists homes to live there until the money was paid for all of the tea that was dumped into the harbor.
	ww2.avery.k12.nc.us /ams/8th/AdvClass/Kasey/KaylaCL.htm (409 words)

	Operation Clambake Present: Scientology Court Files
		Under this interpretation of the Declaratory Judgment Act and the Anti-Injunction Act, plaintiffs' claim cannot be characterized as "for the purpose of restraining the assessment or collection of any tax" and thus falls outside the jurisdictional bar imposed by the acts.
		Plaintiffs seek declaratory, injunctive and monetary relief from three practices employed by defendants, with the exception of defendant Egger, in violation of section 1402(e) and various provisions of the Constitution.
		Here, the declaratory relief, on which the monetary relief is necessarily predicated, and the injunctive relief are identical for purposes of this analysis to the relief requested by plaintiffs in the first claim under Count One.
	www.xenu.net /archive/CourtFiles/occf169.html (3385 words)

	American Civil Liberties Union : Complaint for Declaratory and Injunctive Relief in ACLU v. Reno II
		The Act targets both written and visual expression that is constitutionally protected for adults, including, for example, valuable works of literature and art, safer sex information, examples of popular culture, and a wide range of robust human discourse about current issues and personal matters that may include provocative or sexually oriented language.
		In addition, because the Act makes no allowance for the varying levels of maturity of minors of different ages, the Act prohibits speech that is valuable and constitutionally protected for older minors, but that may not be appropriate for younger children.
		The Act does not define what comprises a work "considered as a whole" in the context of the Web, which is a seamless, interconnected set of texts, sound and graphics provided by different content providers and located on different computers around the world.
	www.aclu.org /privacy/speech/15713lgl19981022.html (3646 words)

	CIS - December 13, 1996
		Section 63 of the Administrative Procedures Act of 1969, MCL Section 24.263, allows an agency to issue a declaratory ruling, upon request by an interested person, as to how a statute administered by the agency would be applied to an actual state of facts.
		Section 2(17) of the Act, MCL Section 492.102(17), defines the administrator of the Act as the Financial Institutions Bureau, thus the Bureau has authority to issue a declaratory ruling on the applicability of the Act to an actual state of facts.
		Prior to amendment of the Act by Act No. 166 of the Public Acts of 1995 (effective April 1, 1996), the definition of "person" was broader, including, in addition to individuals and entities, their officers, directors, and employees, as follows:
	www.michigan.gov /cis/0,1607,7-154-10555_20594_20597-51131--,00.html (1069 words)

	Declaratory Relief @ lawschoolhelp.com
		Article III, Section 2) limits the exercise of the judicial power to 'cases' and 'controversies.' The Declaratory Judgment Act in its limitation to 'cases of actual controversy,' refers to the constitutional provision and is operative only in respect to controversies which are such in the constitutional sense.
		Relief under the Act is available only if the requisites of jurisdiction, in the sense of a federal right or diversity, provide foundation for resort to the federal courts.
		The Declaratory Judgment Act states only that a court ãmay declare the rights and other legal relations of any interested party seeking such declaration.ä Where it is uncertain that declaratory relief will benefit the party alleging injury, the court will normally refrain from exercising its equitable powers.
	www.west.net /~smith/declare.htm (711 words)

	(Irish) Declaratory Act, 1689
		The following act was passed by the Irish Parliament of King James II.
		An Act declaring that the Parliament of England cannot bind Ireland, against writs or error and appeals to be brought for removing judgments, decrees and sentences given in Ireland into England.
		And, that if any person or persons shall offend herein, he shall be fined and imprisoned, according to the discretion of the Court where he shall be prosecuted for the same.
	www.jacobite.ca /documents/1689declaratory.htm (113 words)

	The Declaratory Act, March 18, 1766 (Site not responding. Last check: 2007-10-12)
		[To the Rockingham ministry it became apparent that to attempt to enforce the Stamp Act would be politically dangerous, both in Britain and in the colonies.
		On the same day that the House of Commons repealed the stamp duties it adopted the Declaratory Act, without a division -- i.e., without a recorded vote.
		However' in the Lords, Pitt's friends attacked the measure strongly because it did not exclude internal taxation of the colonists from the scope of parliamentary supremacy.
	www.constitution.org /bcp/decl_act.htm (116 words)

	SparkNotes: Pre-Revolutionary America (1763-1776): Important Terms, People, and Events
		Declaratory Act - The Declaratory Act stated that Parliament could legislate for the colonies in all cases.
		In 1767, New York, the colony in which the greatest number of troops were stationed, refused to comply with the law, provoking parliament to threaten the nullification of all laws passed by the New York colonial legislature.
		The act enraged the colonists and provoked widespread resistance.
	www.sparknotes.com /history/american/prerevolution/terms.html (1603 words)

	[No title]
		The News argued that the Act limits a governmental body's judicial remedies to a suit in Travis County district court against the Attorney General to challenge an opinion that the requested information is subject to disclosure.
		If the Attorney General rules that the Act does not exempt the information from required disclosure, the public officer or his agent must make it available to the requesting party or seek a judicial determination that the information does not have to be disclosed.
		The News argues that while the Act expressly entitles a requestor to sue a governmental body and a governmental body to sue the Attorney General in Travis County district court, the Act does not provide for a governmental body to sue a requestor.
	caselaw.lp.findlaw.com /data2/texasstatecases/sc/980617o.htm (6870 words)

	[No title]
		For the purpose of the Declaratory Judgment Act.
		It can be readily seen that the only material difference between these sections of the 1975 Act and the earlier Act is that the 1975 version allows declaratory judgments to be entered on construction of federal, as well as state, law.
		Under federal law, too, the Declaratory Judgment Act is solely a procedural statute that allows enforcement of otherwise established rights; i.e., it does not create either jurisdiction or rights that do not exist by virtue of other law.
	www.supremecourt.nm.org /pastopinion/VIEW/03ca-038.html (1816 words)

	declaratory act
		“By one Act they have suspended the powers of one American legislature, and by another have declared they may legislate for us themselves in all cases whatsoever.
		Pitt calculated that as the Repeal represented a serious concession for Parliament, the only way to get it passed was to couple it with the Declaratory Act, which placated those members of Parliament who felt that the concessions of the Repeal had to be counterbalanced by a forceful assertion of Parliament’s authority.
		The “Townsend Acts” of 1767 made clear that Parliament’s retreat from the Stamp Act was a purely pragmatic one and that the imperious Declaratory Act was a clearer indication of the future of Parliament’s position toward the colonies.
	www.manhattanrarebooks-history.com /declaratory_act.htm (152 words)

	Free Presbyterian Church Of Scotland (Site not responding. Last check: 2007-10-12)
		The Fruits of the Declaratory Act In the Free Church of Scotland
		The Free Church Declaratory Act of 1892 was a device which allowed those who did not believe all the teaching of the Westminster Confession of Faith to continue as office-bearers in the old Free Church.
		In the old Free Church, the Declaratory Act was necessary to relieve the scruples of conscience which many office-bearers had in signing the Westminster Confession of Faith which they did not believe fully.
	www.fpchurch.org.uk /EbBI/fpm/1998/January/article4.htm (3717 words)

	SparkNotes: The American Revolution (1754–1781): The Sugar and Stamp Acts: 1763–1766
		The Sugar Act represented a significant change in policy: whereas previous colonial taxes had been levied to support local British officials, the tax on sugar was enacted solely to refill Parliament’s empty Treasury.
		Furthermore, the act declared that those who failed to pay the tax would be punished by the vice-admiralty courts without a trial by jury.
		It was during the aftermath of the Declaratory Act, from 1766 to 1773, that colonial resistance to the Crown intensified and became quite violent.
	www.sparknotes.com /history/american/revolution/section2.rhtml (1167 words)

	Hexapedia - Declaratory Act (via CobWeb/3.1 planetlab2.cs.virginia.edu) (Site not responding. Last check: 2007-10-12)
		The Declaratory Act, issued by Britain during America's colonial period, was one of a series of resolutions passed attempting to regulate the behavior of the colonies.
		American rebels had organized a boycott in response to the Stamp Act which called into question the right of a distant power to tax them.
		The Declaratory Act affirmed Britain's right to legislate on and tax its colonies.
	www.hexafind.com.cob-web.org:8888 /encyclopedia/Declaratory_Act (185 words)

	98-2267 -- United Food & Commercial Workers Union v. Albertson's -- 03/16/2000
		In a declaratory judgment posture, "if, but for the availability of the declaratory judgment procedure, the federal claim would arise only as a defense to a state created action, jurisdiction is lacking." Franchise Tax Bd.
		Therefore, we come to the interesting question of whether the Declaratory Judgment Act can be applied to an anticipated cause of action "arising under" the FLSA itself for purposes of 28 U.S.C. This is the theory on which the district court relied.
		The UFCW contends that the "hypothetical coercive suit" for which their declaratory judgment action is proxy is a suit for injunctive relief stating that actions by Albertson's are illegal and unenforceable.
	www.kscourts.org /ca10/cases/2000/03/98-2267.htm (4060 words)

	Rare Books and First Editions: The Stamp Act and other Acts of Parliament
		The highlights of the collection include the Sugar Act (1764), the first act passed for the purpose of raising revenue from the Colonies, and the monumentally important Stamp Act (1765), the first direct tax levied by Parliament on the Colonies, including
		Because of the intense protest these Acts aroused in the Colonies (including the famous riots, stamp burnings, cries of “taxation without representation”, and outright refusal to obey the English government) it is often said that the Revolutionary War began with the passing of the Sugar and Stamp Acts.
		Another item of note is the group of three Acts relating to John Harrison and the search for the means of determining longitude at sea.
	www.theworldsgreatbooks.com /stamp_act.htm (354 words)

	[No title]
		Section 303 of the Act extends the scope of prohibited activity to include newly constructed places of public accommodation, and newly constructed commercial facilities (facilities which are not covered by section 302(a)).
		As Judge Politz wrote in the Rowan case, a request for declaratory relief may be dismissed "because the declaratory complaint was filed in anticipation of another suit and is being used for the purpose of forum shopping." 876 F.2d at 29.
		A declaratory judgment is procedural only; it provides merely a remedy, and such remedy may operate only when there is a controversy that is ripe in the constitutional sense.
	www.ada.gov /briefs/daysrenobr.doc (3671 words)

	Josh Criddlebaugh's Research Paper (1998)
		The Townshend Acts were the next taxes to be levied on the colonists.
		These Acts said that no ship could enter or leave the Boston Harbor until the tea was paid for.
		The Sugar Act, Stamp Act, Declaratory Act, Townshend Act, Quartering Act, Tea Act, the Boston Tea Party, and the Coercive Acts were all part of a giant "snowball" rolling downhill that started the American Revolutionary War.
	www.davis.k12.ut.us /ffjh/Thompson/Jcriddle.htm (1287 words)

	Declaratory Judgment Act Us Code (Site not responding. Last check: 2007-10-12)
		As they had argued previously in their This case demonstrates to us that while a declaratory judgment should not be 3.
		TEXAS THEFT LIABILITY ACT Section 37.006(a) of the Declaratory Judgment Act which provides that a trial court?s Code § 204.001 historical note [Act of May 27 1995 defamation 74th Leg.
		13 1976 U.S.Code Cong Similarly the Declaratory Judgment Act 28 U.S.C. shall be open to objection on the ground that a declaratory judgment shall have the force and effect of a final judgment or decree.
	www.votestration.org /declaratory-judgment-act-us-code.htm (398 words)

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