Utah Supreme Court· 1/9/1978

Baird v. State

Citations

574 P.2d 713
1978 Utah LEXIS 1198

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that in adjudicating a “declaratory action,” a court may not “pass upon the constitutionality of [a] statute” where the plaintiff seeks “an advisory opinion” or presents “a non-justiciable controversy”
“A party to whom a statute is inapplicable cannot question its constitutionality by seeking a declaration of rights.”
\Judicial adherence to the doctrine of separation of powers preserves the courts for the decision of issues between litigants capable of effective determination.\ (internal quotation marks omitted)
“The courts are not a forum for hearing academic contentions or rendering advisory opinions.”
“[C]ourts are not a forum for hearing academic contentions or rendering advisory opinions.”
“A Declaratory Judgment Statute cannot be so construed as to authorize the courts to deliver advisory opinions or pronounce judgments on abstract questions, but there must be the invariable justiciable controversy present in such cases.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Maughan, Ellett, Wilkins, Hall, Crockett, El-Lett

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Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

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