Summary
Judicial review and declaratory judgment are distinct legal concepts. Judicial review examines the legality of government decisions, while declaratory judgment clarifies legal rights or status. Under Illinois statute 735 ILCS 5/2-701, declaratory judgments are recognized, and cases cannot be dismissed solely for seeking such judgments. However, other grounds for dismissal, like lack of jurisdiction or failure to state a claim, may apply. Article VI, Section 9 of the Illinois Constitution grants Circuit Courts jurisdiction over justiciable matters, potentially covering cases under 735 ILCS 5/2-701. Consult a legal professional for specific advice.Full Conversation
is judicial review the same as a declatory judgement ? Would this be considered appropriate under Illinois statute * ILCS */*-*
Hello ****, they are not the same.
- Judicial review is a court's examination of a government or administrative decision to check its legality.
- Declaratory judgment is a court's statement about rights, status, or other legal relationships.
Under Illinois statute * ILCS */*-*, declaratory judgments are indeed recognized.
Would a request of the court to determine if a ballot is legal or not according to ststute acceptable under */*-*?
Under Illinois statute * ILCS */*-*, a court can make a declaration regarding the legal rights or status of a matter, which could include the legality of a ballot. However, specific election laws or regulations may also apply. Please consult with a legal professional for advice tailored to your situation.
Under * ILCS */*-* are motions to dismiss allowed. The statute states no objections.
The statute * ILCS */*-* does not explicitly prohibit motions to dismiss. However, specific circumstances and rules of court procedure may apply. It's strongly recommended to seek advice from a legal professional for a precise understanding.
is a motion to dismiss the same as an objection?
No, a motion to dismiss and an objection are not the same.
- A motion to dismiss is a formal request to a court to dismiss a case.
- An objection is a protest or argument made concerning the legality of a certain action in a court proceeding.
under * ILCS */*-* what does this mean "(a) No action or proceeding is open to objection on the ground that a merely declaratory judgment or order is sought thereby"
The phrase in question from * ILCS */*-* means that no one can object to a case simply because it seeks a declaratory judgment. In simpler terms, you can't argue that a case is invalid just because it's asking the court to make a declaration on a legal issue.
Would that include Motion to dismiss also?
Yes, a motion to dismiss is not considered an objection under * ILCS */*-*. Hence, a case seeking a declaratory judgment cannot be dismissed solely on the ground that it's seeking a declaratory judgment. However, other legal grounds for dismissal can still apply.
what type of legal ground would apply?
Legal grounds for dismissal could include:
- Lack of jurisdiction
- Failure to state a claim upon which relief can be granted
- Insufficient service of process
- Res judicata, meaning the issue has already been decided
It's recommended to consult with a legal professional for specific advice.
Would Illinois Constitution Article VI section * give jurisdiction to use * ILCS */*-*?
Article VI, Section * of the Illinois Constitution gives Circuit Courts original jurisdiction over all "justiciable matters." Therefore, it could give jurisdiction over a matter involving * ILCS */*-*. However, specific court rules and precedents could also apply, so it's advisable to consult with a legal professional.
TY
You're welcome, ****! If you have any more questions or need further clarification, don't hesitate to ask. Remember, it's always best to consult with a legal professional for advice tailored to your specific situation.
TRY ME!
Ask Your Question For Free