Declaratory Judgment Multiple Choice Flashcards
(8 cards)
Michael and Juan are business partners who started a company which is now worth $25 million. Michael believes that, pursuant to the initial agreement between he and Juan, each of them owns 50 percent of the company. Juan surprises Michael one day by stating that, in fact, the correct interpretation of the agreement is that he owns 90 percent of the business, and Michael owns only 10 percent. Michael wants to file a legal action to obtain a decree stating that he is entitled to a 50 percent ownership interest in the business. Which of the following remedies should Michael’s lawsuit seek to best accomplish his stated goal:
A. Injunction
B. Damages
C. Constructive Trust
D. Declaratory judgment
Declaratory judgment
Jennifer sets up a table outside a supermarket to collect donations for a charitable
organization. Several customers are annoyed by that and complain to store management. The store calls police, who arrive and tell Jennifer that if she does not leave, they will arrest her for the criminal offense of trespassing. And they warn her that if she returns to collect donations, she will be subject to arrest. Jennifer leaves but two weeks later files a lawsuit seeking a declaratory judgment. She asks the court for a decree that arresting her for trespassing would violate her constitutional right to free speech. What is the likely result of the lawsuit?
A. It will be dismissed because a declaratory judgment cannot be used to determine liability for a criminal defense.
B. It will be dismissed because there was no imminent threat of prosecution.
C. The court will issue a judgment declaring the legal rights and duties of the parties in this situation.
D. The court will declare that it lacks jurisdiction because there is no actual case or controversy.
C
Which of the following is true about declaratory judgments?
A. A declaratory judgment cannot be used to determine the validity of a criminal
law.
B. A declaratory judgment requires a showing of an inadequate remedy at law.
C. A declaratory judgment requires an actual and existing controversy
D. A declaratory judgment is a common law remedy.
C
Which of the following is the most accurate description of a declaratory judgment?
A. A court order requiring the defendant to do something or refrain from doing
something
B. A monetary award to compensate the plaintiff for harm
C. A court order maintaining the status quo
D. A decree informing the parties of their legal rights and obligations
D
Jamie wants to build a gazebo in her backyard but is concerned it might violate a city
ordinance prohibiting backyard structures taller than 20 feet. She files a lawsuit against the city for a declaratory judgment, seeking a declaration that “building a gazebo in plaintiff’s backyard would not violate the relevant ordinance.” If the court denies Jamie relief, what would be the most likely reason?
A. The matter is not a proper subject for a declaratory judgment
B There is no actual and existing dispute
C. Declaratory judgments cannot be used to determine whether a statute applies to a
particular situation
D. Damages would be an adequate remedy
B (I was stuck btw a and c)
What gives courts authority to issue declaratory judgments?
A. statute
B. The federal constitution’s Article III “case or controversy” requirement
C. Common law
D. The inherent power of the court to adjudicate disputes
A
Abigail is charged in criminal court with misdemeanor drunken driving, for driving with a blood alcohol level over 0.08 percent. After being charged but before her criminal trial starts, she files a lawsuit for a declaratory judgment. The complaint in the lawsuit alleges that “the plaintiff was not in fact driving with a blood alcohol level in excess of .08%, and is entitled to a judicial declaration that the drunken driving statute does not apply in this situation.” What is the most likely result?
A. The court will issue a judicial declaration regarding whether the statute applies
because the criminal trial has not yet started
B. The court will dismiss the lawsuit because there is no actual controversy
C. The court will dismiss the lawsuit because declaratory judgments cannot be
used to determine the facts in a criminal case
D. The court will issue a judicial declaration that Abigail cannot be prosecuted
because of the pending civil case
C
In which of the following situations would a declaratory judgment be useful?
A. To determine whether a proposed course of conduct would breach a contract
B. To determine whether a statute is constitutional
C. To determine whether a statute applies
D. All of the above
D
