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Declaratory Statement With Multiple Conditions In Virginia
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Commissioners or condemnation jurors to determine compensation for property taken or damaged.
§ 46.2-862. A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.
To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. First, is the constitutional inquiry - the case must be a 'case or controversy' pursuant to Article III of the US Constitution. Second is the prudential inquiry – declaratory relief must be appropriate.
The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.
§ 8.01-184. Controversies involving the interpretation of deeds, wills, and other instruments of writing, statutes, municipal ordinances and other governmental regulations, may be so determined, and this enumeration does not exclude other instances of actual antagonistic assertion and denial of right.
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. 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.
In any unlawful detainer case filed under § 8.01-126, if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession.
Venue. The venue of actions seeking declarations of right with or without consequential relief shall be determined in ance with provisions of Chapter 5 (§ 8.01-257 et seq.)
A declaratory judgment like any other judgment is reviewable on appeal. In Andrew Robinson Int'l, Inc. v. Hartford Fire Ins.
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By itself, the remedy of the declaration is "only a final determination, adjudication, ruling or judgment from the court. " Id. at 25-26. 1.1.The presence of an "actual controversy" as so understood - also referred to as a. 1922 with "a view to making the courts more serviceable to the people. Virginia's Administrative Code contains rules and regulations governing the investigation, payment, and denial of claims. Nationwide refused, and appellants filed a declaratory judgment action in the circuit court on. June 15, 2017, seeking coverage. Virginia follows a "one plaintiff per suit" rule: even if two plaintiffs are similarly situated, they should file their lawsuits separately and not jointly. A declaratory judgment action is used to define the legal relationship and obligations between two parties. Generally, a lawsuit must be filed in the jurisdiction where the defendant resides or where the claim arose.