Declaratory Judgment Legal Insight

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Summary

Seeking a declaratory judgment means no one can object to the lawsuit solely on that basis. However, motions to dismiss can still be filed on other grounds like lack of jurisdiction or failure to state a claim. In Illinois, jurisdiction is based on personal jurisdiction, subject matter jurisdiction, and venue, as outlined in the Illinois Constitution.

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What is meant by "No action or proceeding is open to objection on the ground that a merely declaratory judgment or order is sought thereby" in a matter before the court for judicial declaration?
The phrase means that no one can object to a lawsuit or legal action just because it seeks a declaratory judgment. Declaratory judgments are court decisions that define the legal relationship between parties without ordering anything be done or awarding damages.
if i request a judicial declaration there can be no motions to dismiss?
While it's true that seeking a declaratory judgment can't be objected to on that basis alone, this doesn't mean that a motion to dismiss can't be filed. Other grounds, like lack of jurisdiction or failure to state a claim, can still be argued.
In illinois what would be grounds for jurisdiction? The Illinois Constitution?
In Illinois, grounds for jurisdiction generally fall under these categories:
- Personal Jurisdiction: The person or entity resides in Illinois, or has sufficient contact with the state.
- Subject Matter Jurisdiction: The court has authority to hear the type of case presented.
- Venue: The geographical area where the case should be heard.
The Illinois Constitution may establish the general jurisdiction of courts.