Original Declaration of Trust shall have the meaning set forth in the recitals to this Declaration of Trust ĭeclarations Page means the document showing the Insured’s travel arrangements and insurance benefits.ĭeclaration of Trust means this Agreement and Declaration of Trust, as amended or restated from time to time ĭeclaration Page The enclosed document that forms a part of this Service Agreement, listing important information regarding You, Your Property and other vital information. Supplemental Declaration means any declaration, resolution or other document which supplements or amends this Master Declaration, entered into by the City in compliance with Section 10.Ĭustoms declaration means the act whereby a person indicates in the prescribed form and manner a wish to place goods under a given customs procedure. It is an offence under section 113 of the Criminal Code, as contained in Schedule 1 of the Criminal Code Act 1924 (Tas), to make a false statement in a Statutory Declaration. Statutory declaration means a declaration made in writing according to the requirements of the Oaths Act 2001 (Tas). Hardship declaration means the following statement, or a substan. Relevant Declaration means the declaration relevant to the Shareholder as set out in Schedule 2B of the Taxes Act.Ĭondominium Declaration means the Declaration of Condominium for NetApp RTP Phase I Condominium recorded in Book 012647, 10, Wake County, North Carolina Registry. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.Master Declaration means a written instrument, however named, (i) recorded on or after June 1, 1994, and (ii) complying with section 515B.2-121, subsection (e).Ĭompliance Declaration means a compliance declaration substantially in the form set out in Schedule F any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. “In a case of actual controversy within its jurisdiction. The Federal Declaratory Judgment Act states: Code) govern declaratory judgments in federal court. Rule 57 of the Federal Rules of Civil Procedure and the Federal Declaratory Judgment Act ( Title 28, Section 2201 of the U.S. For an actual controversy to be found, the plaintiff cannot be merely seeking advice from the court, but instead must show that the controversy between parties is substantial, immediate, and real and that the parties have adverse legal interests. Without an actual controversy, the federal courts do not have jurisdiction to hear the case. Constitution, a federal court may only issue a declaratory judgment when there is an actual controversy. For example, a declaratory judgment action could be brought to determine party rights and obligations under a contract or to establish the validity of a patent. Essentially, it states the court's authoritative opinion regarding the exact nature of the legal matter and whether the parties would be entitled to relief without actually requiring the parties to do anything. A declaratory judgment differs from other judgments because it does not provide for any enforcement or order a party to take any action or pay damages. Declaratory judgment actions are an exception to this rule and permit a party to seek a court judgment that defines the parties' rights before an injury occurs. In other words, there generally must be an injury for which the court can grant relief prior to a party bringing a lawsuit. In typical civil actions, plaintiffs seek damages or injunctive relief to remedy an injury. However, because a declaratory judgment is often sought prior to the full development of a lawsuit, courts are sometimes hesitant to issue declaratory judgments, as they would prefer to see the case develop more before issuing a judgment. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court.
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