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Evidence Commons

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Jurisprudence

Faculty Scholarship Series

Contracts

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Evidence

Declaratory Judgments In Administrative Law, Edwin Borchard Jan 1933

Declaratory Judgments In Administrative Law, Edwin Borchard

Faculty Scholarship Series

The declaratory judgment, now adopted in thirty-three American states and territories, has demonstrated its value in the speedy and effective determination of numerous controversies involving status, contracts and other written instruments, and property relations. Its utility in the adjudication of conflicting claims between the citizen and the administration, however, a field of litigation to which it is admirably suited, has not been fully appreciated. It is not merely its speed, inexpensiveness, and efficiency which commend the judicial declaration of rights in administrative law, nor yet the fact that it enables disputes to be determined in their incipiency before they have ...


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 ...