Declaratory relief definition

Declaratory relief means the commission's declaration as to the applicability or non- applicability with respect to a factual situation of any rule or order of the commission, or of a statute which the commission is required to administer or enforce.
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Declaratory relief means the authority's declaration as to the applicability or
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Declaratory relief means any CLAIM or SUIT requesting a court of competent jurisdiction to decide the rights and obligations of the parties to an action pursuant to the State of California or Federal statutes on DECLARATORY RELIEF.
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Examples of Declaratory relief in a sentence

  • Declaratory relief shall be allowed even though a property right is not involved.

  • Declaratory relief actions are well-recognized in California law.

  • Declaratory relief operates prospectively to enable parties to adjudicate claims before either side suffers great damages.

  • Declaratory relief is intended to minimize “the danger of avoidable loss1011 and unnecessary accrual of damages.” 10B Charles Alan Wright, Arthur R.

  • Declaratory relief is governed by 28 U.S.C. § 2201(a) which states:In a case of actual controversy within its jurisdiction,.

  • Each of these systems are designed to defeat specific threats, however, there are general requirements common to most.

  • Declaratory relief in the absence of imminent or “certainly impending” injury would, again, have to be justified by reference to coercion, necessity, and traditional equitable principles, and in an exists.

  • Of those 15 people, ten focus exclusively on difficult ad hoc reports and queries that require pulling data together from multiple sources.

  • Declaratory relief, unlike the procedural aids listed above, typically strikes at the heart of the substance of the dispute.

  • Declaratory relief makes it even easier for parties to obtain pre-enforcement review.12 Significantly, the availability of declaratory relief against federal officers predates the Administrative Procedure Act, 5 U.S.C. §§ 551-706 (“APA”), see WILLIAM 12 In 1980, Congress amended § 1331 to its current form, PUB.


More Definitions of Declaratory relief

Declaratory relief means the [corporation]authority's declaration as to the applicability or non-applicability with respect to a factual situation of any rule or order of the [corporation]authority or of a statute which the [corporation]authority is required to administer or enforce.
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Declaratory relief means the authority’s declaration as to the applicability or non• applicability with respect to a factual situation of any rule or order of the authority or of a statute which the authority is required to administer or enforce.
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Related to Declaratory relief

  • Declaratory order means the department’s interpretation of a statute, rule or order as applied to specified circumstances. A declaratory order is issued in response to a petition for declaratory order.

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • Class Action Waiver BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHT TO ARBITRATE OR LITIGATE IN COURT ANY DISPUTE OR CLAIM AS A CLASS ACTION OR COLLECTIVE ACTION, EITHER AS A CLASS REPRESENTATIVE OR MEMBER OR COLLECTIVE ACTION PARTICIPANT. YOU FURTHER AGREE THAT YOUR RIGHTS AS A CONSUMER UNDER THE CCPA ARE NEITHER WAIVED NOR IMPAIRED BY VIRTUE OF PROCEEDING IN A NON-CLASS, NON-CONSOLIDATED AND NON-JOINT ARBITRATION AUTHORIZED UNDER THIS AGREEMENT, NOR SHALL PROCEEDING IN A NON-CLASS, NON-COLLECTIVE OR NON-CONSOLIDATED AND NON-JOINT ARBITRATION BE DEEMED OR DETERMINED TO CONSTITUTE A WAIVER OR IMPAIRMENT OF YOUR RIGHTS. IN THE EVENT AN ARBITRATOR DEEMS THIS CLASS ACTION WAIVER INVALID, THEN THE ARBITRATION PROVISION ABOVE SHALL BE NULL AND VOID. Waiver of Right to Trial by Jury: IN ARBITRATION, EACH PARTY EXPRESSLY AND IRREVOCABLY WAIVES THEIR RIGHT TO A TRIAL BY JURY OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING CLAIMS ARISING UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OR ANY OTHER FEDERAL OR STATE LAWS.

  • prevailing party shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fee award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. Lessor shall be entitled to attorneys' fees, costs and expenses incurred in preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach. Broker(s) shall be intended third party beneficiaries of this Paragraph 31.

  • Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Xxxxxxxx has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Xxxxxx’s judgment, could result in forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Xxxxxx’s judgment, precludes forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Xxxxxx’s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Relief means any loss, relief, allowance, exemption, set-off, deduction, right to repayment or credit or other relief of a similar nature granted by or available in relation to Tax pursuant to any legislation or otherwise;

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Settling Party means any one of, and “Settling Parties” means all of, the parties to the Stipulation, namely Defendants and Plaintiffs (on behalf of themselves and the Settlement Class).

  • Prosecuting attorney means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Filing Party has the meaning set forth in Section 6.12(b).

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

  • clerk of the court means a clerk of the court appointed under section 13 of the Act and includes an assistant clerk of the court so appointed;

  • Court of competent jurisdiction means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.

  • Exhibition Venue means the Hong Kong Convention and Exhibition Centre situated at 1 Expo Drive, Wan Chai, Hong Kong or such other venue designated by the Organiser and notified to the Exhibitor in writing prior to the commencement of the Exhibition.

  • Consent Judgment means a state-specific consent judgment in a form to be agreed upon by the Settling States, Participating Subdivisions, and Xxxxxxx prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section IV, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.

  • Adjudicatory hearing means a hearing to determine:

  • Superior Court means the Superior Court of the District of Columbia.

  • Competent Court means the Supreme Court of India or any High Court, or any tribunal or any similar judicial or quasi-judicial body that has jurisdiction in relation to issues relating to the Project.

  • Joint Patent means a patent that issues from a Joint Patent Application.