declaratory judgment

declaratory judgment: declaratory judgment see judgment 1a

declaratory judgment: noun affirmation, announcement, declaration, enunciation, judgment of the court, nonexecutionary judgment

declaratory judgment: n.
A judgment issued by a court in which it determines the legal rights of the parties or expresses an opinion on the law but does not award a remedy; also called declaratory relief. See also advisory opinion

declaratory judgment: A court decision in a civil case that tells the parties what their rights and responsibilities are, without awarding damages or ordering them to do anything. Courts are usually reluctant to hear declaratory judgment cases, preferring to wait until there has been a measurable loss. But especially in cases involving important constitutional rights, courts will step in to clarify the legal landscape. For example, many cities regulate the right to assemble by requiring permits to hold a parade. A disappointed applicant who thinks the decision-making process is unconstitutional might hold his parade anyway and challenge the ordinance after hes cited; or he might ask a court beforehand to rule on the constitutionality of the law. By going to court, the applicant may avoid a messy confrontation with the city — and perhaps a citation, as well.

Category: If, When & Where to File a Lawsuit

Category: Mediation, Arbitration & Collaborative Law

Category: Small Claims Court & Lawsuits

Category: Working With a Lawyer

declaratory judgment: n. Order rendered by a court which establishes rights between parties where there is uncertainty, usually as to a written contract or document. Does not generally result in award of damages, only determination by Court as to meaning or obligations.

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.

declaratory judgment: I
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.
II A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights.

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 also: declaratory relief

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

Declaratory judgment — A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.[1] In… … Wikipedia
declaratory judgment — Law. a judgment that merely decides the rights of parties in a given transaction, situation, or dispute but does not order any action or award damages. * * * In law, a judgment merely declaring a right or establishing the legal status or… … Universalium
declaratory judgment — Statutory (see Declaratory Judgment Act) remedy for the determination of a justiciable controversy where the plaintiff is in doubt as to his legal rights. A binding adjudication of the rights and status of litigants even though no consequential… … Black's law dictionary
declaratory judgment — Statutory (see Declaratory Judgment Act) remedy for the determination of a justiciable controversy where the plaintiff is in doubt as to his legal rights. A binding adjudication of the rights and status of litigants even though no consequential… … Black's law dictionary
declaratory judgment — A judgment which declares conclusively the rights and duties, or the status, of the parties but involves no executory or coercive relief following as of course. Clem v Kaplan, 201 Ga 396, 40 SE2d 133; Brindley v Meara, 209 Ind 144, 198 NE 301,… … Ballentine's law dictionary
Declaratory Judgment Act — Federal statute enacted in 1934, 28 U.S.C.A. No. 2201, which permits bringing of complaint for a declaration of rights if there is an actual controversy between the parties. The judgment is binding as to present and future rights of the parties… … Black's law dictionary
Declaratory Judgment Act — Federal statute enacted in 1934, 28 U.S.C.A. No. 2201, which permits bringing of complaint for a declaration of rights if there is an actual controversy between the parties. The judgment is binding as to present and future rights of the parties… … Black's law dictionary
declaratory judgment — noun A ruling of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute, but does not necessarily award any damages or other relief. See Also: advisory opinion, declaratory relief, declaratory ruling … Wiktionary
declaratory judgment — Law. a judgment that merely decides the rights of parties in a given transaction, situation, or dispute but does not order any action or award damages … Useful english dictionary
Declaratory Judgment Act — A federal statute, enacted in 1934, providing that in cases of actual controversy the courts of the United States shall have power, upon petition, declaration, complaint, or other appropriate pleadings, to declare rights and other legal relations … Ballentine's law dictionary

Academic Dictionaries and Encyclopedias

declaratory judgment

Look at other dictionaries:

Share the article and excerpts

Academic Dictionaries and Encyclopedias

Law dictionary

declaratory judgment

Look at other dictionaries:

Share the article and excerpts

Direct link