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MMLU-Pro / 1131 / A law student and two friends were at a mall peacefully handing out fliers in…

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question

A law student and two friends were at a mall peacefully handing out fliers in protest of U.S. Middle East policy. The mall owner called the police, who warned them to stop or they would be arrested. They returned the next day and continued to leaflet. The police came again and issued another warning. The law student left to avoid arrest, but the police arrested his companions for criminal trespass and loitering. The law student, in an attempt to get an advance ruling on the constitutionality of the criminal statutes, filed a declaratory judgment action in federal court asking for declaratory relief. Based on Supreme Court precedent will the federal district court dismiss the declaratory judgment action?

category

law

options

  1. Yes, the declaratory relief would interfere with existing state prosecutions and would therefore be disallowed for reasons of equity and comity.
  2. No, because a federal plaintiff may seek a declaratory judgment even if he is not threatened with a state prosecution on the state statute.
  3. No, because the law student can show a genuine threat of enforcement against him, as evidenced by the arrest of his companions and prior warnings.
  4. Yes, the declaratory relief would be premature because the law student's fears of a future arrest are entirely speculative on his part.

src

ori_mmlu-professional_law

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