Declaratory Judgement

From the Free Dictionary “Statutory remedy for the determination of a Justiciable controversy where the plaintiff is in doubt as to his or her legal rights. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded…..”

A Declaratory Judgment may be granted in justiciable controversies.
A Declaratory Judgment may be granted in justiciable controversies.

“Individuals may seek a declaratory judgment after a legal controversy has arisen but before any damages have occurred or any laws have been violated. A declaratory judgment differs from other judicial rulings in that it does not require that any action be taken. Instead, the judge, after analyzing the controversy, simply issues an opinion declaring the rights of each of the parties involved. A declaratory judgment may only be granted in justiciable controversies—that is, in actual, rather than hypothetical, controversies that fall within a court’s jurisdiction.

Winston Shrout
Winston Shrout

“A declaratory judgment, sometimes called declaratory relief, is conclusive and legally binding as to the present and future rights of the parties involved. The parties involved in a declaratory judgment may not later seek another court resolution of the same legal issue unless they appeal the judgment.

“Declaratory judgments are often sought in situations involving contracts, deeds, leases, and wills. An insurance company, for example, might seek a declaratory judgment as to whether a policy applies to a certain person or event. Declaratory judgments also commonly involve individuals or parties who seek to determine their rights under specific regulatory or criminal laws.

“Declaratory judgments are considered a type of preventive justice because, by informing parties of their rights, they help them to avoid violating specific laws or the terms of a contract. In 1934 Congress enacted the Declaratory Judgment Act (28 U.S.C.A. § 2201 et seq.), which allows for declaratory judgments concerning issues of federal law. At the state level, the National Conference of Commissioners on Uniform State Laws passed the Uniform Declaratory Judgments Act (12 U.L.A. 109) in 1922.

“Between 1922 and 1993, this act was adopted in forty-one states, the Virgin Islands, and the Commonwealth of Puerto Rico. Most other states have varying laws that provide for declaratory judgments. Most declaratory judgment laws grant judges discretion to decide whether or not to issue a declaratory judgment.”

“An injunction must be obeyed under penalty of contempt of court. Declaratory relief does not, however, require or demand that the parties do anything. The full effect of the remedy lies in its educative value and the further remedy of a follow up action to enforce the rights, duties, and obligations recognized by the court in the declaratory action. Admittedly the line between a declaratory judgment and an action granting affirmative relief, such as damages, may be minimal in some cases.” From Understanding Remedies Chapter 1 by James M. Fisher, PDF.

28 USC § 2201 – Creation of remedy

(a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930), as determined by the administering authority, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.

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“…the good news is, folk are making headway, “the system” is learning (re-learning) as we are .. i’m truly excited by the possibilities Winston Shrout’s “Tools” hold & hope visitors do also. All these Winston Shrout videos relate to the same matter .. Claiming back Your right, and personal control of Your Bond, & Life…..”

Accepted for Value …

http://www.youtube.com/watch?v=pByZmA…

Accepted for Value 2 …

http://www.youtube.com/watch?v=TJ7pzl…

You Own A Bond

http://www.youtube.com/watch?v=v5l_oq…

Accessing You Bond

http://www.youtube.com/watch?v=CFTXy6…

Waiver Benefit Privilege

http://www.youtube.com/watch?v=mNEFMd…

Waiver Benefit Privilege 2

http://www.youtube.com/watch?v=qE8W5a…

Special Event Winston Shrout In London Sept 12 – 13, 2009 Details Below ..

” As Black’s Law Dictionary explains, the full capitalization of the letters of one’s natural name, results in a diminishing or complete loss of legal or citizenship status, wherein one actually becomes a slave or an item of inventory. The method by which the State causes a natural person to volunteer himself into slavery, is through forming legal joinder, implied or stated, with the entity or legal fiction (name all CAPS). Of course, most natural persons wouldn’t willingly form such an unlawful but legally reductionist joinder, so trickery and obfuscation are used. The initial joinder is formed when a legal Birth Certificate is issued by the State, name in all CAPS. In fact, both the Certificate of Birth AND Social Security number, are for inventory control purposes, similar to the Amistad Schooner’s manifest or those numbers or records used by legal entities or Corporations to track, account for, use and dispose of inventory. ”

Please note .. this video/information is posted for educational use, whatever anyone does with it is entirely a “personal decision”…..

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FOREIGN SOVEREIGN IMMUNITIES ACT: U.S. embassies abroad will serve a summons, complaint and notice of suit on a foreign government (28 U.S.C. 1608 (a)(4); 22 C.F.R. 93) on instructions from the Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of Legal Affairs (CA/OCS/L).  Similarly, letters rogatory requesting service of process on an agency or instrumentality of a foreign government pursuant to 28 U.S.C. 1608(b)(3)(A) must be transmitted to the Department of State, Office of Overseas Citizens Services, Office of Legal Affairs (CA/OCS/L).  See Sec. 1608 of the Act for the specific hierarchical service provisions. See also our web page feature about service under the Foreign Sovereign Immunities Act and FSIA checklist.  Read more.

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