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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. In some common law jurisdictions, declaratory judgement is a form of equitable relief. Declaratory judgment is common when one party sends another a cease and desist letter. en.wikipedia.org /wiki/Declaratory_judgment   (325 words)

Superior Court of Cobb County, State of Georgia Judge, she has asked for declaratory relief from this court and we have filed a motion to dismiss alleging in that motion that this is not the appropriate method by which she might seek or obtain relief. Feagin 199 GA App 148, a 1991 case which also provides, Judge, that the declaratory judgement actions are not appropriate in order to attack or to modify any type of judgement issued when there is subject matter and personal jurisdiction over the parties, which I believe is not objected to by Mrs. He said that declaratory relief is not the appropriate method, that the correct application is a motion for a new trial, Your Honor. www.marquitta.com /01.2.20.pm.Trans.htm   (3895 words)

[No title] This Declaratory Judgement action was brought by plaintiff seeking to have defendant's trademark registration canceled because it is junior to plaintiff's own use of the same name. However, because declaratory judgement actions involving trademarks are analogous to those involving patents, the court is also guidedby the precedents of the United States Court of Appeals for the Federal Circuit. The two principal criteria in favor of rendering declaratory judgements are (1) when the judgement will be useful in settling the legal relations at issue, and (2) when the judgment will terminate and afford relief from the controversy giving rise to the proceeding. www.bowie-jensen.com /rc/venture.html   (2363 words)

University of Minnesota Human Rights Library They argue that a declaratory judgement delivered by Judge Heald at first instance of the Federal Court of Canada on 30 December 1975 in favour of the inmates' claims did not relieve the prison situation, nor did it affect the treatment of prisoners in other Canadian institutions in the future. The authors conclude that this case shows that a declaratory judgement would be pointless in their case, which is similar, because execution of such judgement would depend entirely on the decisions of the Solicitor General. that executive authorities are sufficiently bound to give effect to declaratory judgements in similar circumstances arising in the future for a declaration to constitute an effective and sufficient available domestic remedy in the circumstances of this case. www1.umn.edu /humanrts/undocs/html/113-1981.htm   (3296 words)

Edward Felten In response to the threats, Felten (with help from the Electronic Frontier Foundation) sued the groups first, requesting a declaratory judgement ruling that their publication of the paper would be legal. His request for declaratory judgement was denied, however he has not yet been sued by any of the parties. The Justice Department has offered Felten and other researchers assurances that the DMCA does not threaten their work, and stated that the legal threats against them were invalid. www.brainyencyclopedia.com /encyclopedia/e/ed/edward_felten.html   (387 words)

Petition for Decalaratory Judgment - Zero Tolerance Under Rule 57, C.R.C.P., declaratory relief on these issues is proper as the Court is vested with the authority to determine that policy complained of is improper in that it is in fact legislation by a body not authorized to legislate such a matter. In addition, the policy complained of does not permit an administrative body charged with the responsibility of evaluating a student's improper behavior to determine if that behavior was in fact detrimental to another student or to school personnel. WHEREFORE, Plaintiffs respectfully request that the Court enter a declaratory ruling invalidating Defendant's policy JICH and for such other relief as is proper. www.ztnightmares.com /html/declaratory_judgment.htm   (666 words)

[No title] U.S. News should not be permitted to institute a declaratory judgement proceeding and transfer Defendant's pending action from law to equity where there is no allegation that it cannot plead its defense in law or that the pending action at law cannot provide an adequate remedy. As stated in Williams, declaratory judgement proceedings "are not to be used as instruments of procedural fencing, either to secure delay or to choose a forum" 203 Va. at 662. In Williams, the Bank of Norfolk filed a motion for declaratory judgement against eleven separate prospective actions and asked the Court to make one determination of all eleven tort actions. eff.org /legal/cases/Avrahami_v_USNWR/951113_avrahami_motion.demurrer   (909 words)

Traditionalists, Infallibility and the Pope The reason, therefore, and foundation for the Church's infallibility in her general discipline is the intimate connection between truths of faith or morals and disciplinary laws. Even though the faculty of establishing laws pertains to the power of jurisdiction, nevertheless the power of the magisterium is considered in these laws under another special aspect, insofar as there must be nothing in these laws opposed to the natural or positive law. In this respect, we say that the judgement of the Church is infallible.... www.sedevacantist.com /tradsinfall.htm   (5034 words)

LWN: IBM's Second Amended Counterclaims IANAL, but I thought that declaratory judgements were only handed down in situations where the case is clear cut. Wouldn't it have been better to ask for declaratory judgement on the grounds that "IBM does not infringe, induce the infringement of, or contribute to the infringement of any SCO copyright" (for which the case, I believe, is clear cut) and just left it at that? A declaratory judgement is not the same as a summary judgement. lwn.net /Articles/78238   (614 words)

Montgomery College Seeks to Clarify Campus Expansion Legal Status It asks Montgomery County Circuit Court to declare that the placement of the two facilities conforms to state law with respect to historic preservation and is consistent with the will of the late Violet Blair Janin, who gave the state of Maryland 14.7 acres of land which the park now occupies. In addition to seeking a Declaratory Judgement supporting the two facilities, the College’s legal action requests a permanent injunction to carry out the declarations of the court. Another aspect of the College’s Request for Declaratory Judgement is that it names Montgomery County, the County Council sitting as District Council, the state of Maryland, the Park and Planning Commission and the Maryland Historic Trust. www.mc.cc.md.us /news/archives2002/pr02-23.html   (455 words)

Motion, LAMBROS et al., vs. PETERSON et al. Plaintiff et al., also requested in paragraph #42 of their complaint, that this Court make an independent finding as to the unconstitutional discrimination that exists to all Brazilians that are arrested on unlawful traffic of narcotics and similiar drugs when they are denied a bail hearing and bail... Defendants requested this Court to dismiss Plaintiffs' et al., Declaratory Judgement Action pursuant to Federal Rules of Civil Procedure, Rule 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) failure to state a claim upon which relief can be granted. Plaintiff et al., are untrained at law and have depended on the DECLARATORY JUDGEMENT ACTION to allow this Court to guide Plaintiff et al., to settle, and to afford relief from, the groww uncertainty and insecurity with respect to the constitutional right of a BAIL HEARING and BAIL and other relations. members.aol.com /BoycottBrazil/BrazilByct/peter.html   (7586 words)

[No title] MOTION FOR DECLARATORY JUDGEMENT COMES NOW the plaintiff, U.S. News & World Report, Inc. ("U.S. News"), by counsel, and for its Motion for Declaratory Judgement states as follows: PARTIES 1. Plaintiff U.S. News is a corporation organized under the laws of the State of Delaware with its principal place of business located at 2400 N Street, N.W., Washington, D.C. Defendant Ram Avrahami is a resident of the commonwealth of Virginia and resides at Apartment 110, 1001 N. Randolph Street, Arlington, Virginia 22201. Avrahami filed a Motion for Judgement in the General District Court of Arlington County, Civil Division, alleging that the "rental" of the U.S. News mailing list violated Virginia Code # 8.01-40. www.epic.org /privacy/junk_mail/motdecj.txt   (1485 words)

Comments for: Infinium Labs sues HardOCP - ja.zz I would be very surprised if [H]'s suit, such as it is, could avoid being thrown out, since it is clearly a misapprehension and misuse of the statute under which it was filed. [H] filed for a declaratory judgement, not a summary judgement, or so I understand (notwithstanding that they may already have asked for a summary judgement in their declaratory judgement action). The point of a declaratory judgement is for a party that feels threatened by another to be able to initiate the legal proceedings, rather than being forced to sit under a cloud (and, in the event of IP matters at least, running up a potential damages tab). techreport.com /ja.zz?id=42865   (437 words)

Geringer Files Declaratory Judgement Against US Fish & Wildlife   (Site not responding. Last check: 2007-09-18) CHEYENNE--Governor Jim Geringer today announced that the State of Wyoming has filed a complaint for declaratory judgement to clarify issues regarding the management of wildlife on the National Elk Refuge. The request for declaratory judgment seeks a factual resolution over primacy of wildlife management within the borders of Wyoming — excluding Yellowstone National Park. Geringer said the State will argue that Wyoming has traditionally controlled, managed and regulated wildlife in the State and there is no federal law preempting the right to continue. wyoming.gov /governor/press_releases/1998/february_1998/lawsuit.html   (859 words)

Defendant's Motion to Recuse A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgement is sought may, at any time, move with or without supporting affidavits for a summary judgement in his favor as to all or any part thereof." On September 29, 1997, Defendant filed his second Motion for Summary Judgement and Plaintiff brought a Motion for Continuance before the court on Oct 7, 1997 which was granted. The transcripts of the hearing regarding Defendant's Motion for Summary Judgement from December 21, 2001 do not mention sanctions and clearly state the court agreed to hear Defendant's Motion for Summary Judgement (Exhibit 8, pg 37). www.unixguru.com /filings/defend_motn_2_recuse.html   (1553 words)

[SCO] Red Hat strikes back   (Site not responding. Last check: 2007-09-18) Declaratory judgment, on the other hand, is a device used to clarify This is not a requirement for declaratory judgment or a permanent Declaratory judgements are hard to get, though, as the full burden of proof zgp.org /linux-elitists/20030804175753.11851.qmail@lwn.net.html   (2259 words)

AVRAHAMI v U.S. NEWS & WORLD REPORT INC - Legal Case Documents Plaintiff U.S. News is a corporation organized under the laws of the State of Delaware with its principal place of business located at 2400 N Street, N.W., Washington, D.C. Defendant Ram Avrahami ("Avrahami") is a resident of the commonwealth of Virginia and resides at Apartment 110, 1001 N. Randolph Street, Arlington, Virginia 22201. When U.S. News moved to stay this action on the grounds that a declaratory judgment action concerning the same issues was pending in the Circuit Court of Arlington County, Avrahami opposed the motion and insisted on a trial in the forum that he chose. Thereafter, U.S. News moved to stay this action on the grounds that a Declaratory Judgment action in the Circuit Court of Arlington County was pending. www.legalcasedocs.com /120/249/959.html   (7820 words)

[No title]   (Site not responding. Last check: 2007-09-18) On October 24, 1995, U.S. News filed a Motion for Declaratory Judgement pursuant to Virginia Code # 8.01-184 in the Circuit Court of Arlington County, Civil Division. A true copy of the Motion for Declaratory Judgement is attached hereto as Exhibit A. The Circuit Court's decision on the Motion for Declaratory Judgement will be res judicata in this case. In any event, the decision of this Court may be appealed to the Circuit Court de novo. www.eff.org /legal/cases/Avrahami_v_USNWR/951024_usnwr_stay.motion   (322 words)

Archives: Story   (Site not responding. Last check: 2007-09-18) Delta Imaging LLC vs Richard H. Tupler, declaratory judgement. Jash I. Patel vs. Richard H. Tupler, declaratory judgement. Arthur J. Satterlee vs. Richard H. Tupler, declaratory judgement. www.slidellsentry.com /articles/2004/02/16/news/news08.txt   (1172 words)

Archives: Story   (Site not responding. Last check: 2007-09-18) Mary Elizabeth Hewes Bowden vs. Mary Madonna Jones McCulla, declaratory judgement. Helen Whiteman Charbonnet vs. Mary Madonna Jones McCulla, declaratory judgement. Lynn Charbonnet Gibbons vs. Mary Madonna Jones McCulla, declaratory judgement. www.slidellsentry.com /articles/2004/01/05/news/news09.txt   (675 words)

Sample Declatory Judgement 2 The district court has subject matter jurisdiction of the claims for remedy or relief, as each claim raises a federal question, pursuant to law as codified at 28 USC 128(b), 28 USC 132, 28 USC 1391; The district court has subject matter jurisdiction of the claims for declaratory remedy or relief pursuant to law as codified at 28 USC 2201, et seq.; Declare that the state of Washington, and any and all subdivision thereof, as a member of the union, is subject to the supremacy clause of Article VI of the federal constitution; www.crtf.org /declaratory2.html   (3777 words)

History Via E-mails DSC filed a Motion for Summary Judgement last year and it appears that I was able to (through DSC's reply to my response) clearly raise a fact issue in dispute with regards to DSC's Motion for Summary Judgement. DSC then filed a motion to non-suit all the claims in the suit except the breach of contract and declaratory judgement claims, and a motion to amend the final judgement. The delay in hearing this "Motion for Summary Judgement" was due to a "Motion for Continuance" filed by DSC and granted by the court. www.unixguru.com /history.html   (16949 words)

Canadian Corporate News: Infowave Files Declaratory Judgement Complaint Against Visto Corporation.@ HighBeam Research   (Site not responding. Last check: 2007-09-18) Infowave Files Declaratory Judgement Complaint Against Visto Corporation. Infowave Software, Inc. (TSX:IW), announced that it has filed a complaint against Visto Corporation ("Visto") in U.S. Federal District Court in Dallas, Texas seeking a declaratory judgement that, among other matters, Infowave's products do not infringe certain patents held by Visto. As previously disclosed, Visto filed a complaint against Infowave in September 2003 claiming that certain of Infowave's products infringe one of Visto's patents, which complaint has been proceeding in the U.S. Federal District... highbeam.com /library/doc0.asp?docid=1G1:117416719&refid=ink_tptd_np   (210 words)

Ultra Clean Holdings, Inc. :: Ultra Clean Seeks Declaratory Judgement for Non-Infringement of Celerity, Inc.'s Patents   (Site not responding. Last check: 2007-09-18) Ultra Clean Seeks Declaratory Judgement for Non-Infringement of Celerity, Inc.'s Patents MENLO PARK, Calif., Sept. 19 /PRNewswire-FirstCall/ -- Ultra Clean Holdings, Inc.'s subsidiary, Ultra Clean Technology Systems and Service, Inc., has filed a suit against Celerity seeking a declaratory judgment that Ultra Clean's new substrate technology, which is in the final stages of development, does not infringe certain of Celerity's patents. Ultra Clean's action was filed in the federal court in the Northern District of California on September 2, 2005, 11 days in advance of the recently announced Celerity suit against UCT, and is directed at the same patents specified in Celerity's claim filed in federal court in Delaware against Ultra Clean and announced today. sev.prnewswire.com /semiconductors/20050919/SFM17319092005-1.html   (468 words)

Comments for: Microsoft raised $100 million for SCO? - ja.zz Craig P. Red Hat has filed a declaratory judgement action against TSG. A declaratory judgement action does not require that TSG have initiated actual legal action; in fact, it's made for precisely the case where they have not initiated action, but have threatened it. #38, Red Hat has filed a declaratory judgement action against TSG... techreport.com /ja.zz?id=40918   (343 words)

Eros Project: Complaint for Declaratory Judgement, Index to Court Documents Eros Project: Complaint for Declaratory Judgement, Index to Court Documents On August 15, 2003 the United States Department of State responds to the Eros Project and its claims. This is the beef jerky that is selected by Astronauts and has flown to Space three times. www.erosproject.com /courtcase.html?source=ErosProject   (314 words)

[No title] Publication of this article results in discussion of what can be done to identify and circumvent barriers to the acceptance and growth of cryonics. Attention is attracted again to the idea of obtaining a "mercy cryopreservation" (rather than "mercy killing") declaratory judgement. An essay by Fred Chamberlain ---------------------------------------------------------------------- (8) CRYONICS -- THE FUTURE The usual view of "planning" is that a committee sits down and works out in its best judgement what will be done and tried in the interest of success -- this is the "plan," and it binds people who made no contribution to it. www.alcor.org /cryonics/cryonics8109.txt   (10506 words)

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