declaratory


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declaratory

of a statute, stating the existing law on a particular subject; of a decree or judgment, stating the rights of the parties without specifying the action to be taken.
Collins Dictionary of Law © W.J. Stewart, 2006

DECLARATORY. Something which explains, or ascertains what before was uncertain or doubtful; as a declaratory statute, which is one passed to put an end to a doubt as to what the law is, and which declares what it is, and what it has been. 1 Bl. Com. 86.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
"Tenant waives its right to bring a declaratory judgment action with respect to any provision of this Lease or with respect to any notice sent pursuant to the provisions of this Lease...
Chairman Pai's declaratory ruling would make clear that voice service providers can offer call blocking tools by default to their customers--while giving consumers the choice to opt out.
Here, the compensatory damages sought are incidental to the injunctive and declaratory relief, and individualized determinations are unnecessary.
41, 81BB, and also seeking a declaratory judgment that the Planning Board improperly refused ASG's preliminary plan in order to prevent ASG from obtaining the benefit of a G.L.c.
On that same day, Polli notified Penn-America of his intention to file a declaratory judgment action to resolve the matter.
The BIR told the SC that there was no violation of the equal protection clause of the Constitution and that a declaratory relief was not the proper remedy to challenge its tax assessments.
Where claim for declaratory and injunctive relief was not a core proceeding of bankruptcy action but was a state law breach-of-contract claim and had no effect on debtor's bankruptcy estate, bankruptcy court erred in exercising jurisdiction over merits.
The Court held that it has no original jurisdiction over declaratory relief actions, as such jurisdiction belongs to the regional trial court.
In response to Petitioner Anda's declaratory judgment request, the FCC stated that it did have the authority under the Junk Fax Prevention Act to require companies to include opt-out notices in their solicited fax advertisements, but that they would give a waiver out for any faxes sent without notices prior to April 30, 2015.
Box 1688, Fayetleville, Arkansas 72702-1688, have filed a Petition for Declaratory Judgment to Declare Manulactured Home Abandoned and for Issuance of a New Certificate of Title herein against you alleging that a manulactured home that you previously resided in and owned and have since abandoned remains abandoned on the premises owned by the petition, and seeks to have the Court declare and order the Arkansas Department ot Finance and Administration to issue a new Certificate of Title to the manufactured home created in the name of the petitioners.
Wintergreen Advisers, LLC has brought an action for declaratory judgment and injunctive relief against Consolidated-Tomoka Land Co.
(1) for the proposition that the federal Declaratory Judgment Act, (2) which Congress enacted in 1934, is "procedural only" and does not enlarge the scope of federal jurisdiction.