Declaratory Actions - Law Dictionary Search Results
Declaratory actions
Matched in: Term Declaratory actions
anticipatory
relating to a prior action that takes into account or forestalls a later action [an challenge brought for declaratory and injunctive relief "L. H. Tribe"] an·tic·i·pa·tor·i·ly [-ti-sə-pə-tōr-ə-lē] adv … anticipatory : of or relating to a prior action that takes into account or forestalls a later action [an challenge brought for declaratory and injunctive relief "L.
class action
to act on grounds that are applicable to the class members as a whole and therefore injunctive or declaratory relief with respect to the class members as a whole is appropriate; or, (3) where the questions of … class action : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of
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Declaratory decree
Matched in: Term Declaratory decree
regulatory taking
(as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether … the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise,
injunction
compelling a party to do or refrain from doing a specified act compare cease-and-desist order at order, damage declaratory judgment at judgment, mandamus specific performance at performance, stay NOTE: An injunction is available as a remedy for … for which there is no adequate remedy at law. Thus it is used to prevent a future harmful action rather than to compensate for an injury that has already occurred, or to provide relief from harm for
Discharge
order as regards property; it may be in respect of many other matters. Except in the case of declaratory decrees or decrees of a similar nature, the decree in favour of one person against another requires the … instrument, that is to say the ending of the life of the instrument and of all rights of action thereon, may be caused in a variety of ways, Halsbury's Laws of England 4(1), para 448, p. 224.
Deprivation
taking away from a clergy-man his patronage, vicarage, or other spiritual promotion or dignity, either, first, by sentence declaratory in the proper Court for fit and sufficient causes; such as conviction of infamous crime; for heresy, gross … or property of a British subject except on the condition that he can support the legality of his action before a court of Justice, Eshugbaxi v. Govt. of Nigeria, AIR 1931 PC 238; Commentary on the Constitution
Partnership
business of the partnership where every partner may have access to them. The Act of 1890 is mainly declaratory. The chief amendment is that of the 23rd s., by which the judgment creditor of a partner, instead … parties are to a great extent free to make whatever terms and conditions they please for controlling their actions inter se. but there are certain things which a limited partners must not do; thus, he cannot take
judgment
entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or … motion for summary judgment may be made at any time after 20 days following the commencement of the action. Summary judgment may be granted on all or on just part of a case. b : an obligation
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