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[No title] Where sufficient justiciable issues of law and fact are presented to avoid established judicially "frivolous" standard, this section authorizing award of attorney fees to prevailing party in any civil action in which court finds there was complete absence of justiciable issue of either law or fact raised by losing party was not applicable. In awarding statutory attorney fees for lack of justiciable issue, fees for client attorney's own services are to be limited to actual legal services and not awarded for time expended in his capacity as a client, and care must be taken to avoid duplication of compensation between client attorney and his counsel. There was a complete absence of a justiciable issue of law or fact raised with regard to third-party plaintiff's claims for contribution and indemnity against third-party defendant and, therefore, third-party defendant was entitled to award of attorney fees against third-party plaintiff. www.mitrani.com /resources/Court_costs.doc   (8545 words)

Oregon Judicial Department - Publications In light of the principles of justiciability that we have described, we cannot but conclude that the satisfaction of the statutory requirement alone is insufficient to establish the justiciability of the League's petition. Judge Deits then moves to the heart of her thesis, that is, that the constitution simply does not require that the party seeking to invoke the judicial power must establish that a judicial decision will have a practical effect on his or her rights. In contrast to the three, fixed requirements for a justiciable controversy--contestants, a dispute, and the ability to grant relief--the content of the three requirements is subject to adjustment by both the legislature and the courts. www.publications.ojd.state.or.us /A111594.htm   (19009 words)

BARCIK v. KUBIACZYK The Court of Appeals stated that, because Senior plaintiffs had graduated before the circuit court entered judgment, they failed to present a justiciable controversy, and their claims were moot. As to plaintiff Kostur, the Court of Appeals reasoned that her challenge was too hypothetical and anticipatory in nature to raise a justiciable [*182] controversy, because it was based on "speculative future events that may not occur as anticipated or may not occur at all." Id. at 280.... Senior plaintiffs do not present a justiciable controversy as to their claims for prospective relief, however; those claims should have been dismissed. jcomm.uoregon.edu /~tgleason/j385/Barcik.htm   (1206 words)

Oregon Judicial Department Appellate Court Opinions The trial court determined that the action was not justiciable because petitioners had not shown that respondent's denial of their request for exclusion, even if erroneous, had a practical effect on petitioners' rights. Second, respondent argues that petitioners' claim is not justiciable because its denial of petitioners' exclusion request had no practical effect on their rights. Much of the parties' arguments blur the line between the issues of statutory standing and the justiciability of petitioners' claim for a writ of review, which are before us on appeal, and the merits of that claim, which are not. www.publications.ojd.state.or.us /A125101.htm   (3095 words)

ESR Review: National legislation as a source of justiciable socio-economic rights   (Site not responding. Last check: 2007-10-23) Calling the dispute about a right 'justiciable' implies something about the claim, about the setting in which it may be resolved and the consequences of successfully relying on it. To be 'justiciable', a claim must be based on the alleged infringement of a subjective right. In my view, the justiciability of socio-economic rights at the international level is, in any event, a non-issue, at least compared with justiciability at the 'domestic' level. communitylawcentre.org.za /ser/esr2005/2005sept_national.php   (1872 words)

United Pacific Insurance Co. v. Aetna Insurance Co., 311 N.W.2d 170 (N.D. 1981) We hold, therefore, that there is no controversy of a justiciable nature at this time and that the district court and this court, therefore, lack jurisdiction to decide the issue of liability between United Pacific and Aetna. Courts are not unanimous in their approach to whether or not a justiciable controversy exists where the duty to defend is at issue. The district court's opinion granting Aetna's motion for summary judgment because of a lack of a justiciable controversy is, therefore, affirmed. www.court.state.nd.us /court/opinions/9989.htm   (2659 words)

Jegley v. Picado Appellant claims the trial court erred in its law-of-the-case ruling because the issue of justiciability was not squarely addressed or resolved by this court; rather the Picado I appeal was resolved solely on the issue of the chancery court's jurisdiction. This court held that there was no justiciable case or controversy absent any allegation that attempts had been made to obtain voters' signatures as required by the recall statute or any specific allegation that the petitioner wished to recall a city director. A declaratory judgment will not be granted unless the danger or dilemma of the plaintiff is present, not contingent on the happening of hypothetical future events; the prejudice to his position must be actual and genuine and not merely possible, speculative,contingent, or remote. pub.bna.com /lw/01815.htm   (12579 words)

124 Wn.2d 402, WALKER v. MUNRO The public interest exception to the requirement that a declaratory judgment be issued only for a justiciable controversy does not apply if the challenged legislation is not yet in effect, no harm has yet occurred, and the public officials who would be affected by the declaratory judgment seek dismissal of the action. For purposes of the requirement that a justiciable controversy be based on a showing of some present harm, a possible "chilling effect" of an initiative on the ability of the Legislature to raise taxes does not constitute present harm. A woman who was not pregnant and not terminally ill wanted a declaration of the validity of her directive to her physician regarding life-sustaining procedures, which differed from the model directive in the act as far as pregnancy and abortion provisions. www.mrsc.org /mc/courts/supreme/124wn2d/124wn2d0402.htm   (10656 words)

Frothingham V. Mellon & Massachusetts V. Mellon, 1923, Held Only When Some Direct Injury Presents A Justiciable Issue ... Probably it would be sufficient to point out that the powers of the state are not invaded, since the statute imposes no obligation but simply extends an option which the state is free to accept or reject. Proceedings not of a justiciable character are outside the contemplation of the constitutional grant. No rights of the state falling within the scope of the judicial power have been brought within the actual or threatened operation of the statute, and this court is as much without authority to pass abstract opinions upon the constitutionality of acts of Congress as it was held to be, in Cherokee Nation v. www.lectlaw.com /files/case29.htm   (2750 words)

01-815 Appellant claims the trial court erred in its law-of-the-case ruling because the issue of justiciability was not squarely addressed or resolved by this court; rather, the Picado I appeal was resolved solely on the issue of the chancery court'sjurisdiction. Though this court clearly requires the existence of a justiciable controversy prior to granting a declaratory judgment, we have heard challenges to the constitutionality of statutes and regulations by persons who did not allege that they had been penalized under the statutes or regulations. Other state courts have recently found declaratory-judgment challenges to same-sex sodomy prohibitions to be justiciable even where there was no proof that the laws had been enforced against consenting adults in private or that prosecutors had made literal threats of prosecution. courts.state.ar.us /opinions/2002a/20020705/01-815.html   (14280 words)

Tucker Noonkester A petition alleging that the claimant was not injured in the course and scope of employment, and is therefore not entitled to workers' compensation benefits, is not justiciable even as a request for declaratory judgment. His father was not his legal guardian and did not have the legal authority to waive the claimant's right to pursue a tort claim with respect to his accident. However, if he does so, there is no justiciable controversy and his petition must be dismissed, leaving him to pursue his tort action in district court. wcc.dli.mt.gov /n/Noonkester_decision.htm   (2769 words)

114 Wn.2d 392, FIRST COVENANT CHURCH v. SEATTLE The justiciable controversy requirement of the Uniform Declaratory Judgments Act (RCW 7.24) is satisfied if there is an actual and existing dispute between parties having genuine and opposing interests that are direct and substantial and a judicial determination of the dispute will be final and conclusive. A challenge to the constitutionality of a landmark preservation ordinance as applied to church property is a justiciable controversy when resolution of the action will clarify the property's value, the challenger's freedom to practice religion, and the municipality's ability to regulate land uses. We hold that this case presents a justiciable issue properly presented for declaratory judgment and that the designation ordinance and the Landmarks Preservation Ordinance as applied to churches are unconstitutional as they violate the right of free exercise of religion as guaranteed by the United States and Washington State Constitutions. www.mrsc.org /mc/courts/supreme/114wn2d/114wn2d0392.htm   (7365 words)

Matthew Bender Amicus Brief Oasis v. West Eighth Circuit September 5. 1996 In the instant action, West has taken a stance concerning justiciability that is directly at odds with the position that it has consistently advanced to the Southern District of New York. West responded to Oasis' complaint by moving to dismiss the declaratory judgment claim for lack of subject matter jurisdiction on the ground that the case did not present a justiciable controversy and, alternatively, to transfer the action from Florida to the District of Minnesota. West's motion to dismiss for lack of a justiciable controversy advanced arguments that were similar to those that West made in Matthew Bender's New York actions. www.hyperlaw.com /mbamic.htm   (3721 words)

[No title]   (Site not responding. Last check: 2007-10-23) In deciding whether the claim is "justiciable" the Court must determine: 1. In short, the claim presented and relief sought are of the type that admit of legislative adjudication rather than judicial resolution at this point. The issues raised by petitioner's complaint present the High Court with "political questions" and a "political question" is not justiciable because of the separation of powers within the Government of American Samoa. www.asbar.org /Cases/4ASR/4ASR798.htm   (3860 words)

Robert Clayton WYNN v. Robert P. REMET and John Lewis McGehe... Attorney's fees -- not allowed unless expressly authorized by statute -- absence of justiciable issue of law or fact raised by losing party or attorney -- court may award fee in amount not to exceed $5,000 or ten percent of amount in controversy. 1994) because there was a complete absence of a justiciable issue of either law or fact raised in counterclaims against him by Robert P. Remet and John Lewis McGehee, the appellees. Wynn filedan amended complaint, renewing his contract claim of $510 and alleging that the counterclaims were without justiciable issue in either law or fact and that he should be entitled to attorney's fees and costs. courts.state.ar.us /opinions/old/95-62A.html   (1129 words)

[No title] Genn and several of her colleagues at the National Centre for Social Research randomly sampled over four thousand people in England and Wales and had one thousand of these people fill out a "long form" questionnaire that asked more detailed questions about subjects' experiences with dispute resolution systems. For example, the survey finds (a) that the cost of legal advice was a major deterrent and also (b) that there is no association between the respondents' income and consulting a solicitor. Data are presented on the probability of seeking outside advice, according to the sort of dispute and which groups are more likely to seek such advice. www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/genn.htm   (899 words)

Prosecuting Tony Blair and others - non Justiciability In the course of argument I suggested that justiciability might be an aspect of discretion. Whilst I adhere to the view that justiciability is not a jurisdictional concept, it seems to me on reflection that it engages rules of law rather than purely discretionary considerations. Why that acid test on the proper and lawful “demarcation” between the role of the judiciary on the one hand and that of the executive on the other, should suddenly be altered because the “subject matter of the exercise of the prerogative power” varies, is quite frankly beyond me. www.newcastle-emlyn.com /stopwar/rmanson/non-justiciability.shtml   (3428 words)

Supreme Court of Canada - Decisions - Reference re Secession of Quebec International law must be addressed since it has been invoked as a consideration in the context of this Reference. The reference questions are justiciable and should be answered. In the present Reference the questions may clearly be interpreted as directed to legal issues, and, so interpreted, the Court is in a position to answer them. scc.lexum.umontreal.ca /en/1998/1998rcs2-217/1998rcs2-217.html   (11171 words)

Eastern Book Company - Practical Lawyer His remark that "They shall not be enforceable in a court of law",8 immediately following his reference to the non-justiciable rights would probably indicate that he attributed a narrow and restricted connotation to the term "justiciable". In these circumstances it may be wise in this particular context to follow the orthodox ways of our judiciary and look at the ordinary plain meaning of the words used in the constitutional provision. Justice Patanjali Sastri said in 1952 "The use made by the learned Judges below of the speeches made by the members of the Constituent Assembly in the course of the debate on the draft Constitution is unwarranted". ebc-india.com /lawyer/articles/75v1a2.htm   (2668 words)

ROE v. WADE A childless married couple (the Does), the wife not being pregnant, separately attacked the laws, basing alleged injury on the future possibilities of contraceptive failure, pregnancy, unpreparedness for parenthood, and impairment of the wife's health. The court held that Roe and members of her class, and Dr. Hallford, had standing to sue and presented justiciable controversies, but that the Does had failed to allege facts sufficient to state a present controversy and did not have standing. Grant Co., 345 U.S. We, therefore, agree with the District Court that Jane Roe had standing to undertake this litigation, that she presented a justiciable controversy, and that the termination of her 1970 pregnancy has not rendered her case moot. www.tourolaw.edu /patch/Roe   (13090 words)

North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ... Plaintiffs' argue that Judge Walker's denial of defendants' motion to dismiss is prima facie evidence that the case raised justiciable issues. The non-existence of a justiciable issue in plaintiffs' suit is further evinced by Judge Burke's entry of summary judgment, thisCourt's decision affirming summary judgment, and the Supreme Court's dismissal of plaintiffs' appeal and denial of the petition for discretionary review. In light of our determination that Judge Burke did not err in concluding that plaintiffs failed to raise justiciable issues andthat plaintiffs' claims were brought in bad faith, we hold that the trial court did not err in granting Sheriff Barker's motion for an award of attorney's fees. www.romingerlegal.com /northcarolina/HTML/010067-1.htm   (1810 words)

Justiciability Doctrine This remains the overlying principle by which the courts determine whether or not an issue is justiciable, and has led to the establishment of the justiciability doctrines. Since Article III mandates that the judiciary only has power over cases and controversies, the Supreme Court has held that where a case or controversy does not exist, the judiciary is not to issue any advisory opinion regarding the matter. Declaratory judgments are justiciable as long as they present a real controversy. classes.lls.edu /archive/manheimk/fedcts/echarts/justdoc-t.htm   (1463 words)

[No title] There were two parts of the report: one contained fundamental rights which were justifiable and the other of the report referred to fundamental rights which were not justiciable but were directives more or less which would be useful for the governance of the country. justiciable rights, certain directives of State policy which, though not cognizable by any court of law, should be regarded as fundamental in the governance of the country. Then, after having decided that, the second point which the learned judges will have to direct their attention to will be whether this elementary philosophy is calculated to broaden the minds of the pupils or to narrow their minds. parliamentofindia.nic.in /ls/debates/vol5p11a.htm   (15281 words)

[No title] What I would submit to the House to do today is generally to accept the principles of each of the clauses that have been suggested for consideration, so that we may not have to devote more time in considering the technical legal details of the phraseology to be adopted. If a right to reside and settle is not a justiciable or fundamental right, I do not know what else it could be. We are here concerned with only justiciable fundamental rights and it would be improper to burden the clauses with a detailed list of places which should be accessible to all. parliamentofindia.nic.in /ls/debates/vol3p2.htm   (21093 words)

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