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From: Krug
Date: 04 Dec 2001
Time: 23:50:17
Some confusion regarding Declaratory Judgment(57):
1) "Right to trial by jury may be demanded under the circumstances and in the manner provided in rules 38 and 39."
Does this mean that all cases of declaratory judgment proceed with a jury (I don't think so); or, does it mean that the right to a jury for the specific type of case is not abridged?
2) Does a declaratory judgment alter the manner in which a trial proceeds where a possible defendant is seeking relief--who has the burden of showing the invalidity of the contract in American Machine?
3) I don't see why a defendant with a "federal question defense" can't use a declaratory judgment to gain access to the federal courts where jurisdiction would normally be lacking--this is #7 FKC, 191