Abstract
In 1929, Nebraska adopted the Uniform Declaratory Judgments Act, which was subsequently declared constitutional in Lynn v. Kearney County. Today, the uniform act has been adopted by forty states and the remaining ten states have some form of statutory declaratory relief. The federal courts have their own declaratory judgment procedure, made available in 1934, which is similar to the uniform act. Vast areas exist in the field of law where declarations could be used reasonably and with effective results; however, it is almost necessary to treat the declaratory judgment as merely another form of action.
I. Introduction … A. Historical Establishment of the Remedy … B. The Nature and Function of Declaratory Judgments
II. Availability of the Remedy … A. Existence of a Justiciable Controversy or Claim … (1) Absence of an Adverse Party … (2) Lack of a Legally Protectible Interest in the Petitioner … (3) Ripeness of the Controversy … B. Judicial Discretion to Entertain the Petition … (1) The Complete Termination of the Uncertainty or Controversy … (2) Availability of Alternative Remedies
III. Particular Applications of Declaratory Relief … A. Rights, Status, and Legal Relations … B. Contracts and Written Instruments … C. Title and Property Rights … D. Constitutionality and Construction of Legislation
IV. Practice and Procedure in the Declaratory Action … A. Pleadings … B. Trial … C. Review
V. Conclusion
Recommended Citation
Matthew A. Schumacher,
Declaratory Judgments in Nebraska,
45 Neb. L. Rev. 754
(1966)
Available at: https://digitalcommons.unl.edu/nlr/vol45/iss4/9