declaratory judgment

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Declaratory Judgment

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.

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.

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.

Further readings

Howard, Davis J. 1994. "Declaratory Judgment Coverage Actions." Ohio Northern University Law Review 13.

declaratory judgment

n. a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. While this borders on the prohibited "advisory opinion," it is allowed to nip controversies in the bud. Examples: a party to a contract may seek the legal interpretation of a contract to determine the parties' rights, or a corporation may ask a court to decide whether a new tax is truly applicable to that business before it pays it. (See: declaratory relief)

declaratory judgment

noun affirmation, announcement, declaration, enunciation, judgment of the court, non-executionary judgment
References in periodicals archive ?
Over the past eighty years, the federal courts have issued thousands of declaratory judgments, but the statutory authorization of further relief has been considered in published district court opinions in only about seventy-five cases--less than one per year.
110) Instead, declaratory judgments are usually complied with, but on rare occasions they are disobeyed.
patent-related situation involving a declaratory judgment action arises
Absent the declaratory judgment mechanism, this would act as a
To solve this problem, the Hatch-Waxman amendments allow generics to bring declaratory judgment actions regarding a branded company's patent 45 days after the generic files its Paragraph IV Certification.
Teva brought a declaratory judgment action with respect to the other four patents.
Circuit and county courts may issue declaratory judgments to resolve the rights of parties to a contract or other writing, or to construe a statute or any regulation or ordinance issued pursuant to a statute.
In 1985, a primary authority on the Administrative Procedure Act, Professor Patricia Dore, suggested that the declaratory statement mechanism was intended to be more widely available than declaratory judgments "and that [their] use not be unduly restricted by artificial access barriers that would frustrate its primary purpose.
concurring) (arguing that state prosecutors are not bound by lower federal courts' declaratory judgments on the constitutionality of state statutes); Perez v.
Shapiro, State Courts and Federal Declaratory Judgments, 74 Nw.