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Jurisprudence

Faculty Scholarship Series

Constitutionality

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Declaratory Judgment In The United States, Edwin Borchard Jan 1931

Declaratory Judgment In The United States, Edwin Borchard

Faculty Scholarship Series

The common law and other legal systems long professed the assumption that it was necessary to commit physical damage or injury (a wrong) or to threaten an immediate injury, before the protection of the courts could be invoked by the person requiring

judicial protection. It was apparently not sufficiently realized that rights may be impaired and disturbed and injuries suffered by the mere assertion of claims which throw rights into doubt, uncertainty, and jeopardy. So the mere unfounded assertion that a person is married or unmarried, illegitimate, insane; the mere fact that title to property is challenged; the mere fact ...