Declaratory relief Study guides, Revision notes & Summaries

INTRODUCTION Roe v. Wade is one of the leading cases in American history that gave women the right to an abortion, with few exceptions. This case was a turning point in the reproduction right s of women and has remained a hot-button matter within US politics ever since. The Supreme Court, in this case, established that the right to abortion was a fundamental right of a woman and protected under the right to privacy, as laid down by the Fourteenth Amendment. Even though the Court had recognize...

Requirements for ∏ to have Standing: correct answer: 1) injury: the ∏ must allege and prove that he or she has been injured or imminently will be injured; injury is NOT established with only IDEOLOGICAL OBJECTION; ∏s may only assert injuries that they personally have suffered; ∏s seeking INJUNCTIVE or DECLARATORY relief must show a likelihood of future harm 2) causation and redressability: the ∏ must allege and prove that the ▵ caused the injury so that a favorable court decision i...

Private conduct as state action - ANSWER The Supreme Court has found in a few situations that private action may be attributable to the government; included among these situations is (i) if the government is significantly involved in the private action and (ii) if the private action constitutes a traditional and exclusive government function. Government involvement has been found to be sufficient to convert private action into state action when a state affirmatively facilitates, encourages or au...

Constitutional Law (Bar Exam) Questions & Answers 2023/2024 Requirements for ∏ to have Standing: - ANSWER-1) injury: the ∏ must allege and prove that he or she has been injured or imminently will be injured; injury is NOT established with only IDEOLOGICAL OBJECTION; ∏s may only assert injuries that they personally have suffered; ∏s seeking INJUNCTIVE or DECLARATORY relief must show a likelihood of future harm 2) causation and redressability: the ∏ must allege and prove that the ▵...

• Substantive relief o Choice of law o Governing laws  National laws  Institutional rules o Limits to arbitrators’ remedial powers o Types of substantive relief  Monetary relief  Declaratory relief  Injunctive relief • Specific performance • Restitution • Rectification  Fill gaps/Adapt contract terms  Punitive/Exemplary damages • Interest o Arbitrators’ power to award interest o Simple vs Compound interest o Governing laws  Mandatory rules...

Absolute Immunity A policy of protecting public officials from tort liability (Chapter 10) A High-level executive officer cannot be held liable for his or her discretionary acts or ormissions. (Chapter 11) Abuse of Process The improper use of various litigation devices. The Elements of this tort are: 1) an ulterior purpose; and 2) a willful act in the use of the process not proper in the regular conduct of the prceddings. (Chapter 10) Abut Two parcels of land that physically tou...

Lile Final QuestionsHow do you account for standing exceptions like third-party standing and "next friend" filings? - correct answer -"Next friend" filings → A "next friend" is only allowed to appear before the court in place of a person who is not competent to do so, such as a child. But courts have been clear that the "next friend" is only representing the interests of the child and not their own interests. ← There's nothing about this kind of filing that provides precedent for n...

Absolute Immunity A policy if protecting officials from tort liability. Abuse of Process The improper use of various litigation devices. Abut Two parcels of land that physically touch each other Adjudication a formal judgment on a disputed matter Administrative Action The process by which the Board of Building Code Appeals, or any administrative agency, forms its decision Adverse Possession acquiring title to real estate by hostile possession rather than ...

Business Law Exam 1 with 100% correct answers _____ are model statutes drafted by private bodies of lawyers and scholars. - answerUniform acts Which of the following covers the rules of contract, and property? - answerPrivate law Which of the following defeats a federal statute in case of a clash between them? - answerThe U.S. Constitution The power of executive order normally derives from a(n): - answerlegislative delegation. Uniform acts are model statutes drafted by private bodies of ...

What are the three tests that must be met for use of the Necessary Expense doctrine? - Answer Must bear a logical relationship Not prohibited by law Not funded elsewhere (p 3.1.17) Who grants relief of liability to a certifying officer for erroneous or illegal payments in the Department of Defense? - Answer The Defense Finance and Accounting Service (*DFAS*) (p. 3.1.51) What type of budgetary resources remains available for new obligations for more than one fiscal year? - Answer Multi-...