Declaratory Judgment
Civil Court Action.

 ''It is only where rights, ….are being, or about to be, affected prejudicially by the application or enforcement of a statute that its validity may be called in question by a suitor and determined by an exertion of the judicial power. State of Texas v. Interstate Commerce Commission,  258 U.S. 158, 162(1922).

“The device of the declaratory judgment is an honored one. Its use in the federal system is restricted to "cases" or "controversies" within the meaning of Article III. The question must be ‘appropriate for judicial determination,’ not hypothetical, abstract, academic or moot. It must touch ‘the legal relations of parties having adverse legal interests’ Id., 240-241. It must be ‘real and substantial’ and admit of ‘specific relief through a decree of a conclusive character.’" Poe v. Ullman, 367 U.S. 497, 510 (1961) > Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 240 -41 (1937).

A plaintiff who challenges a statute must demonstrate a realistic danger of sustaining a direct injury as a result of the statute's operation or enforcement. Babbitt v. Farm Workers, 442 U.S. 289, 298 (1979) > O'Shea v. Littleton, 414 U.S. 488, 494 (1974).

But "[o]ne does not have to await the consummation of threatened injury to obtain preventive relief. If the injury is certainly impending that is enough. Babbitt v. Farm Workers, 442 U.S. 289, 298 (1979) >262 U.S. 553, 593

…."actual controversy" ….. The test to be applied …is the familiar one "Basically, the question in each case is whether . . . there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment." Lake Carriers’ Asn. v. MacMullan, 406 U.S. 498, 506 (1972) > 312 U.S. 270, 273.

Petitioner has alleged threats of prosecution that cannot be characterized as "imaginary or speculative," In these circumstances, it is not necessary that petitioner first expose himself to actual arrest or prosecution to be entitled to challenge a statute that he claims deters the exercise of his constitutional rights. Moreover, petitioner's challenge is to those specific provisions of state law which have provided the basis for threats of criminal prosecution against him. Steffel v. Thompson 415 U.S. 452, 459(1974).

When contesting the constitutionality of a criminal statute, "it is not necessary that [the plaintiff] first expose himself to actual arrest or prosecution to be entitled to challenge [the] statute that he claims deters the exercise of his constitutional rights." Babbitt v. Farm Workers, 442 U.S. 289, 298 (1979) > [415 U.S. 452, 459]

When the plaintiff has alleged an intention to engage in a course of conduct arguably affected with a constitutional interest, but proscribed by a statute, and there exists a credible threat of prosecution thereunder, he "should not be required to await and undergo a criminal prosecution as the sole means of seeking relief." Babbitt v. Farm Workers, 442 U.S. 289, 298 (1979) >Doe v. Bolton, 410 U.S. 179, 188 (1973).

"The Constitution is not powerless to prevent East Cleveland from prosecuting as a criminal and jailing a 63-year-old grandmother for refusing to expel from her home her now 10-year-old grandson who has lived with her and been brought up by her since his mother's death when he was less than a year old. Moore v. East Cleveland 431 U.S. 494, 506(1971).

Federal Declaratory Judgment Act of 1934,
U.S.C. Title 28 U.S.C. § 2201

http://www.law.cornell.edu/uscode/28/2201.html

Creation of a remedy (a) in a case of actual controversy within its jurisdiction ... any court of the United States, upon filing of an appropriate pleadings, may have declare the rights and other legal relations of any interested party seeking such declaration.

The Declaratory Judgment Act of 1934, now 28 U.S.C. 2201, styled "creation of remedy," provides that in a case of actual controversy a competent court may "declare the rights and other legal relations" of a party "whether or not further relief is or could be sought." This is an enabling Act, which confers a discretion on the courts rather than an absolute right upon the litigant. Public Serv. Comm’n v. Wycoff Co. 344 U.S. 237, 241 (1952).

The Act of June 14, 1934, providing for declaratory judgments, does not attempt to change the essential requisites for the exercise of judicial power" Public Serv. Comm’n v. Wycoff Co. 344 U.S. 237, 242 (1952) > [297 U.S. 237, 325]

Encouraged by this and guided by the experience of the thirty-four states that had enacted such laws, the Senate Judiciary Committee recommended an adaptation of the principle to federal practice. Its enabling clause was narrower  than that of the Uniform Act adopted in 1921 by the Commissioners on Uniform State Laws, which gave comprehensive power to declare rights, status and other legal relations. The Federal Act omits status and limits the declaration to cases of actual controversy. Public Serv. Comm’n v. Wycoff Co. 344 U.S. 237, 241-42 (1952).

Maine Declaratory Judgment Act

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

Wyoming Declaratory Judgment Act

http://legisweb.state.wy.us/statutes/titles/Title1/T1CH37.htm

W.S. 1-37-103. Right of interested party to have determination made. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by the Wyoming constitution or by a statute, municipal ordinance, contract or franchise, may have any question of construction or validity arising under the instrument determined and obtain a declaration of rights, status or other legal relations.