What is the test for making a declaration of rights after a finding that judgment should be against the actor in the lawsuit?

MultiRegion, United States of America

The following excerpt is from Exxon Shipping Co. v. Airport Depot Diner, Inc., 120 F.3d 166 (9th Cir. 1997):

when a trial court reaches the conclusion, as it did in this case, that judgment should be against the actor in the lawsuit, it would be an illusory act to grant a further declaration of rights.... A declaration of rights, after such conclusion, would have served no useful purpose. And it is an accepted principle that no declaration should be made, unless it serve a useful, practical purpose, or when no beneficial result would follow.

United States v. Jones, 176 F.2d 278, 280 (9th Cir.1949). 6

Other Questions


Can a person who makes a political contribution to their own campaign be denied a right to make their own speech if they are not allowed to make it free? (MultiRegion, United States of America)
What is the test for finding a violation of a Fourteenth Amendment right to familial relations generally based on a government actor's affirmative conduct that violates the right? (MultiRegion, United States of America)
Can a state actor be held liable for civil rights violations committed against plaintiff pursuant to the Civil Rights Act? (MultiRegion, United States of America)
Does the failure to object to the trial court's instruction to make a special finding of intent to kill constitute an exercise of reasonable professional judgment? (MultiRegion, United States of America)
Does a final judgment in a civil contempt case settle the right to sue for damages incurred after the date of the judgment? (MultiRegion, United States of America)
Is the evidence insufficient to support any of the 12 convictions for conspiracy to make false statements, making, and aiding and abetting in making false statements to federally insured financial institutions? (MultiRegion, United States of America)
Can a defendant be convicted of making a false declaration if one of the declarations is irreconcilably contradictory? (MultiRegion, United States of America)
Is there a violation of separation of the separation of powers when a judge makes a judgment enforcing a public right? (MultiRegion, United States of America)
If a court finds that a plaintiff has been denied a right to sue under a different legal standard than under the current standard of care, can the finding be reviewed? (MultiRegion, United States of America)
What is the test for establishing that a plaintiff has a right to appeal against a finding that they have been denied employment benefits under the Employment Rights Act? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.