definition declaratory judgment

e. Declaratory remedies are sought when a plaintiff wishes to be made aware of what the law is, what it means, or whether or not it is constitutional, so that he or she will be able to take appropriateaction. The main purpose of this kind of remedy is to determine an individual's rights in a particularsituation.

remedy

"Correct all you're your grammar errors instantly. Try it now.remedy (redirected from remedies) Also found in: Dictionary, Thesaurus, Medical, Idioms, Encyclopedia, Wikipedia . Remedy The manner in which a right is enforced or satisfied by a court when some harm or injury,recognized by society as a wrongful act, is inflicted upon an individual.

The law of remedies is concerned with the character and extent of relief to which an individual whohas brought a legal action is entitled once the appropriate court procedure has been followed, andthe individual has established that he or she has a substantive right that has been infringed by thedefendant.

Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies.

The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered. This kind of damages is ordinarily known as Compensatory Damages. Money is substituted for that which the plaintiff has lost or suffered.

Nominal damages, generally a few cents or one dollar, are awarded to protect a right of a plaintiff even though he or she has suffered no actual harm. The theory underlying the award of Punitive Damages is different since they areimposed upon the defendant in order to deter or punish him or her, rather than to compensate theplaintiff.

The remedy of restitution is designed to restore the plaintiff to the position he or she occupied beforehis or her rights were violated.

It is ordinarily measured by the defendant's gains, as opposed to theplaintiff's losses, in order to prevent the defendant from being unjustly enriched by the wrong. Theremedy of restitution can result in either a pecuniary recovery or in the recovery of property.

Coercive remedies are orders by the court to force the defendant to do, or to refrain from doing,something to the plaintiff. An Injunction backed by the Contempt power is one kind of coerciveremedy. When issuing this type of remedy, the court commands the defendant to act, or to refrainfrom acting, in a certain way.

In the event that the defendant willfully disobeys, he or she might be jailed, fined, or otherwise punished for contempt. A decree for Specific Performance commandsthe defendant to perform his or her part of a contract after a breach thereof has been established. It is issued only in cases where the subject matter of a contract is uniqu

Nature of Remedies Remedies are also categorized as equitable or legal in nature. Monetary damages awarded to a plaintiff because they adequately compensate him or her for theloss are considered a legal remedy. An equitable remedy is one in which a recovery of money would be an inadequate form of relief. Courts design equitable remedies to do justice in specific situations where money does not providecomplete relief to individuals who have been injured.

Injunctions, decrees of specific performance,declaratory judgments, and constructive trusts are typical examples of some kinds of equitableremedies. Restitution is regarded as either a legal or equitable remedy, depending upon the nature of the property restored. The distinction between legal and equitable remedies originally came about because courts of lawonly had the power to grant legal remedies, whereas courts of Equity granted equitable remedies to do justice in situations where money would be inadequate relief.

The courts of law and the courts of equity have merged, but the distinction still has some importance because in a number of courts, a trial by jury is either granted or refused, according to whether the remedy sought is legal or equitable.

When a legal remedy is sought, the plaintiff is entitled to a jury trial, but this is not truewhen an equitable remedy is requested. Sometimes a plaintiff might have both legal and equitable remedies available for the redress of personal grievances. In such a case, a plaintiff might have to exercise an Election of Remedies. Provisional Remedies A provisional remedy is one that is adapted to meet a specific emergency.

It is the temporaryprocess available to the plaintiff in a civil action that protects him or her against loss, irreparableinjury, or dissipation of the property while the action is pending.

Some types of provisional remediesare injunction, receivership, arrest, attachment, and Garnishment. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.remedyn. the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) betweenthe person claiming harm and the person he/she believes has caused it, and by the automaticoperation of law. Some remedies require that certain acts be performed or prohibited (originallycalled ""equity""), others involve payment of money to cover loss due to injury or breach of contract,and still others require a court's declaration of the rights of the parties and an order to honor them.

An ""extraordinary remedy"" is a means employed by a judge to meet particular problems, such as appointment of a referee, master or receiver to investigate, report or take charge of property. A ""provisional remedy,"" is a temporary solution to hold matters in status quo pending a final decision or an attempt to see if the remedy will work. (See: equity, judgment, provisional remedy, settlement)Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill.

All Right reserved.remedy (Legal means of redress), noun aid, amelioration, assistance, compensation, corrective measure, counteraction, effective help, help, recompense, rectification, rehabilitation, relief, remedial measure, reparative measure, restitution, solution Associated concepts: adequate remedy at law, ancillary reeief, appropriate relief, equitable remedy, exclusive remmdy, exhaustion of administrative remedies, extraordinary remedy, inadequate remedy, legal remedy, mutuality of remedy, provisional remedy, statutory remedyremedy (That which corrects), noun aid, antidote, correction, corrective measure, cure, help, medicina, palliative, relief, remedial measure, remedium, restorativeremedyverb adjust, aid, alleviate, ameliorate, amend, assist, assuage, attend, calm, change, correct, cure, ease, fix, heal, help, improve, indemnify, make amends, make better, make sound, medicate, medicina, meliorate, mend, minister to, mitigate, mollify, neutralize, overhaul, palliate, put into condition, put into shape, rectify, redress, reinvigorate, relieve, remedium, renew, repair, restore, resuscitate, retrieve, revise, revive, revivify, right, satisfy, save, set straight, solve, soothe, succor, treat, work a cure See also: adjust, alleviate, amend, amendment, assuage, change, correction, cure, disabuse, drug, emend, fix, habeas corpus, help, indemnification, panacea, recourse, rectify, redress, reform, regulate, relief, relieve, remedial statute, renew, repair, reparation, resolve, restore Burton's Legal Thesaurus, 4E.

Copyright © 2007 by William C. Burton. Used with permission of The Mc Graw-Hill Companies, Inc. REMEDY. The means employed to enforce a right or redress an injury. 2. The importance of selecting a proper remedy is made strikingly evident by tho followingstatement.

""Recently a common law barrister, very eminent for his legal attainments, soundopinions, and great practice, advised that there was no remedy whatever against a married woman,who, having a considerable separate estate, had joined with her husband in a promissory note for X2500, for a debt of her husband, because he was of opinion that the contract of a married woman is absolutely void, and referred to a decision to that effect, viz.

Marshall v. Rutton, 8 T. R. 545, he notknowing, or forgetting, that in equity, under such circumstances, payment might have been enforcedout of the separate estate. And afterwards, a very eminent equity counsel, equally erroneouslyadvised, in the same case, that the remedy was only in equity, although it appeared upon the faceof the case, as then stated, that, after the death of her husband, the wife had promised to pay, in consideration of forbearance, and upon which promise she might have been arrested and sued at law.

If the common law counsel had properly advised proceedings in equity, or if the equity counselhad advised proceedings by arrest at law, upon the promise, after the death of the husband, thewhole debt would have been paid.

But, upon this latter opinion, a bill in chancery was filed, and so much time elapsed before decree, that a great part of the property was dissipated, and the wifeescaped with the residue into France, and the creditor thus wholly lost his debt, which would havebeen recovered, if the proper proceedings had been adopted in the first or even second instance.

This is one of the very numerous cases almost daily occurring, illustrative of the consequences of the want of, at least, a general knowledge of every branch of law."" 3. Remedies may be considered in relation to 1. The enforcement of contracts. 2. The redress of torts or injuries.4.-Sec. 1. The remedies for the enforcement of contracts are generally by action. The form of these depend upon the nature of the contract.

They will be briefly considered, each separately.5.-1. The breach of parol or simple contracts, whether verbal or written, express or implied, forthe payment of money, or for the performance or omission of any other act, is remediable by action of assumpsit.

(q, v.) This is the proper remedy, therefore, to recover money lent, paid, and had andreceived to the use of the plaintiff; and in some cases though the money have been receivedtortiously or by duress of, the person or goods, it may be recovered.in this form of action, as, in thatcase, the law implies a contract.

2 Ld. Raym. 1216; 2 Bl. R. 827; 3 Wils. R. 304; 2 T. R. 144; 3 Johns. R. 183. This action is also the proper remedy upon wagers, feigned issues, and awardswhen the submission is not by deed, and to recover money due on foreign judgments; 4 T. R. 493; 3 East, R. 221; 11 East, R; 124; and on by-laws.

1 B. & P. 98.6.-2. To recover money due and unpaid upon legal liabilities, Hob. 206; or upon simple contractseither express or implied, whether verbal or written, and upon contracts under seal or of record, Bull.

N. P. 167; Com. Dig. Debt, A 9; and on statutes by a party grieved, or by a common informer,whenever the demand is for a sum certain, or is capable of being readily reduced to a certainty; 7 Mass.

R. 202; 3 Mass. R. 309, 310; the remedy is by action of debt. Vide Debt.7.-3. When a covenantee, has sustained damages in consequence of the non-performance of a promise under seal, whether such promise be contained in a deed poll, indenture, or whether it be express or implied by law from the terms of the deed; or whether the damages be liquidated or unliquidated, the proper remedy is by action of covenant.

Vide Covenant.8.-4. For the detention of a chattel, which the party obtained by virtue of a contract, as a bailment, or by some other lawful means, as by finding, the. owner, may in general support an action of detinue, (q.v.) and replevin; (q.v.) or when he has converted the property to his own use,trover and conversion.

(q.v.)9.-Sec. 2. Remedies for the redress of injuries. These remedies are either public, by indictment,when the injury to the individual or to his property affects the public; or private, when the tort is onlyinjurious to the individual.10.

There are three kinds of remedies, namely, 1. The preventive. 2. That which seeks for a compensation.

3. That which has for its object punishment.11.-1. The preventive, or removing, or abating remedies, are those which may be by acts of theparty aggrieved, or by the intervention of legal proceedings; as, in the case of injuries to the. person, or to personal or real property, defence, resistance, recaption, abatement of nuisance, and surety of the peace, or injunction in equity and perhaps some others.12.-2.

Remedies for compensation are those which may he either by the acts of the partyaggrieved, or summarily before justices, or by arbitration, or action, or suit at law or in equity.13.-3.

Remedies which have for their object punishments, or compensation and punishments, areeither summary proceedings before magistrates, or indictment, &c. The party injured in many cases of private injuries, which are also a public offence, as, batteries and libels, may have both remedies, a public indictment for the criminal offence, and a civil action for the private wrong. When the lawgives several remedies, the party entitled to them may select that best calculated to answer hisends.

Vide 2 Atk. 344; 4 Johns. Ch. R. 140; 6 Johns. Ch. Rep. 78; 2 Conn. R. 353; 10 Johns. R. 481; 9 Serg. & Rawle, 302. In felony and some other cases, the private injury is so far merged in thepublic crime that no action can be maintained for it, at least until after the public prosecution shallhave been ended.

Vide Civil remedy.14. It will be proper to consider, 1. The private remedies, as, they seek the prevention of offences,compensation for committing them, and the punishment of their authors. 2. The public remedies,which have for their object protection and punishment.15.-1. Private remedies. When the right invaded and the injury committed are merely private, no one has a right to interfere or seek a remedy except the party immediately injured and hisprofessional advisers.

But when the remedy is even nominally public, and prosecuted in the name of the commonwealth, any one may institute the proceedings, although not privately injured.

1 Salk.174; 1 Atk. 221; 8 M. & S. 71.16. Private remedies are, 1, By the act of the party, or by legal proceedings to prevent thecommission or repetition of an injury, or to remove it; or, 2. They are to recover compensation for theinjury which has been committed.17.-1. The preventive and removing remedies are principally of two descriptions, namely, 1st.

Those by the act of the party himself, or of certain relations or third persons permitted by law to interfere, as with respect to the person, by self-defence, resistance, escape, rescue, and evenprison breaking, when the imprisonment is clearly illegal; or in case of personal property, by resistance or recaption; or in case of real property, resistance or turning a trespasser out of hishouse or off his land, even with force; 1 Saund. 81, 140, note 4; or by apprehending a wrong-doer, or by reentry and regaining possession, taking care not to commit a forcible entry, or a breach of thepeace; or, in case of nuisances, public or private, by abatement; vide Abatement of nuisances; or remedies by distress, (q.v.)

or by set off or retainer. See, as to remedies by act of the parties, 1 Dane's Ab. c. 2, p. 130.18.-2. When the injury is complete or continuing, the remedies to obtain compensation are eitherspecific or in damages.

These are summary before justices of the peace or others; or formal, either by action or suit in courts of law or equity, or in the admiralty courts.

As an example of summaryproceedings may be mentioned the manner of regaining possession by applying to magistratesagainst forcible entry and detainer, where the statutes authorize the proceedings.

Formalproceedings are instituted when certain rights have been invaded. If the injury affect a legal right,then the remedy is in general by action in a court of law; but if an equitable right, or if it can be better investigated in a court of equity,' then the remedy is by bill. Vide Chancery.19.-2. Public remedies. These may be divided into such as are intended to prevent crimes, andthose where the object is to punish them. 1. The preventive remedies may be exercised without anywarrant either by a constable, (q.v.) or other officer, or even by a private citizen.

Persons in the act of committing a felony or a broach of the peace may arrested by any one. Vide Arrest. A publicnuisance may be abated without any other warrant or authority than that given by the law. Vide Nuisance.

2. The proceedings intended as a punishment for offences, are either summary, vide Conviction; or by indictment. (q.v.)20. Remedies are specific and cumulative; the former are those which can alone be applied to restore a right or punish a crime; for example, where a statute makes unlawful what was lawfulbefore, and gives a particular remedy, that is specific and must be pursued, and no other.

Cro. Jac.644; 1 Salk. 4 5; 2 Burr. 803. But when an offence was antecedently punishable by a common lawproceeding, as by indictment, and a statute prescribes a particular remedy, there such particularremedy is cumulative, and proceedings may be had at common law or under the statute. 1 Saund.134, n. 4. Vide Bac. Ab. Actions in general, B; Bouv. Inst. Index, h.t. ; Actions; Arrest; Civil remedy;Election of Actions. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856. Want to thank TFD for its existence? Tell a friend about us, add a link to this page, or visit the webmaster's page for free fun content . Link to this page: Facebook Twitter Finally, Farlex brings you all the rules of English grammar, all in one place, explained in simple terms. The Farlex Grammar Bookis available now in paperback and e Book formats. "

A party against whom a claim, counterclaim, or cross claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment in such party's favor as to all or any part thereof. (c) Motion and Proceedings.

Superior Court Civil Rules CR 56 SUMMARY JUDGMENT (a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross claim, or to obtain a declaratory judgment may, after the expiration of the period within which the defendant is required to appear, or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof.

(b) For Defending Party.

The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served not later than 28 calendar days before the hearing. The adverse party may file and serve opposing affidavits, memoranda of law or other documentation not later than 11 calendar days before the hearing. The moving party may file and serve any rebuttal documents not later than 5 calendar days prior to the hearing.

If the date for filing either the response or rebuttal falls on a Saturday, Sunday, or legal holiday, then it shall be filed and served not later than the next day nearer the hearing which is neither a Saturday, Sunday, or legal holiday.

Summary judgment motions shall be heard more than 14 calendar days before the date set for trial unless leave of court is granted to allow otherwise.

Confirmation of the hearing may be required by local rules. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

(d) Case Not Fully Adjudicated on Motion. If on motion under the rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted.

It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action, the facts so specified shall be deemed established, and the trial shall be conducted accordingly.

(e) Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of a pleading, but a response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.

If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.

(f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that for reasons stated, the party cannot present by affidavit facts essential to justify the party's opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

(g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney fees, and any offending party or attorney may be adjudged guilty of contempt.

(h) Form of Order. The order granting or denying the motion for summary judgment shall designate the documents and other evidence called to the attention of the trial court before the order on summary judgment was entered. [Originally effective July 1, 1967; amended effective September 1, 1978; September 1, 1985; September 1, 1988; September 1, 1990; September 1, 1993; April 28, 2015. ]Click here to view in a PDF.

A party against whom a claim, counterclaim, crossclaim, or third-party claim is asserted or a declaratory judgment is sought may move for a summary judgment in that party's favor as to all or any part thereof at any time with or without supporting affidavits. (c) Motion and Proceedings Thereon.

"Florida Rules of Civil Procedure RULE 1.510 SUMMARY JUDGMENT (a) For Claimant. A party seeking to recover upon a claim, counterclaim, crossclaim, or third-party claim or to obtain a declaratory judgment may move for a summary judgment in that party's favor upon all or any party thereof with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.

(b) For Defending Party.

The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissable in evidence (""summary judgment evidence"") on which the movant relies. The movant shall serve the motion at least 20 days before the time fixed for the hearing, and shall also serve at that time copies of any summary judgment evidence on which the movant relies that has not already been filed with the court.

The adverse party shall identify, by notice mailed to the movant's attorney at least 5 days prior to the day of the hearing, or delivered no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies.

To the extent such summary judgment evidence has not already been filed with the court, the adverse party shall serve copies on the movant by mailing them at least 5 days prior to the day of the hearing, or by delivering them to the movant's attorney no later than 5:00 p.m. 2 business days prior to the day of hearing.

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a geniune issue as to the amount of damages.

(d) Case Not Fully Adjudicated on Motion. On motion under this rule if judgment is not rendered upon the whole case or for all the relief asked and a trial or the taking of testimony and a final hearing is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall ascertain, if practicable, what material facts exist without substantial controversy and what material acts are actually and in good faith controverted.

It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. On the trial or final hearing of the action the facts so specified shall be deemed established, and the trial or final hearing shall be conducted accordingly.

(e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or by further affidavits.

(f) When Affidavits Are Unavailable. If it appears from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

(g) Affidavits Made in Bad Faith. If it appears to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorneys' fees, and any offending party or attorney may be adjudged guilty of contempt. Table of Contents Florida Lawyers WWW Resource Center/255//255//255//255//255/ "

Declaratory judgments are judgment of a court in a civil case that declares the rights, duties, or obligations of each party in a dispute. However, a declaratory judgment does not order any action or result in any award of damages to any party to the case.

Court Judgment

"Court Judgment With the steep increase in crimes and other offenses throughout the states and counties of United States, the Court Judgment has become a matter of utmost importance today.

The court judgments may also include a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil law matter.

In the United States, under the rules of civil procedure governing practice in federal courts and most state courts, the entry of judgment is the final order entered by the court in the case, leaving no further action to be taken by the court with respect to the issues contested by the parties to the lawsuit.

With certain exceptions, only a final judgment is subject to appeal. The various types of court judgments that are in practice are: Consent judgment, a final, binding judgment in a case in which both parties agree, by stipulation, to a particular outcome.

It is considered the most practical as the order that is passed to settle the litigation in front of the court is accepted by both parties.

It is requested when a party is threatened with lawsuit and the threatened lawsuit is not yet filed, or when it is thought by one of two (or more) parties that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further, similar lawsuits from the same plaintiff.

A binding judgment is in favor of the plaintiff when the defendant has not responded to a summons is referred to as Default judgment. A defendant can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.

Summary judgment is a legal term that means that a court has made a determination without a full trial. A lawsuit will ordinarily proceed to trial, which is an opportunity for each party to present evidence in an attempt to persuade the fact finder (who decides ""what really happened"") that such party is saying the truth and that, under the judge's view of applicable law, such party should prevail.

Another type of judgment in common referral is Vacated judgment, the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court.

A trial court also has the power, under certain circumstances to vacate its own judgments. In a reserved judgment, a judge will sometimes, having heard both sides of the argument, refrain from making an immediate decision and retire to consider the case further. "

A declaratory judgment does not provide for any enforcement, however. In other words, it states the court's authoritative opinion regarding the exact nature of the legal matter without requiring the parties to do anything.

Declaratory Judgment

Wexall pages articles español Inbox Projectsearch FAQDeclaratory Judgment A binding judgment from a court defining the legal relationship between parties and their rights in the matter before the court.

The Federal Rules of Civil Procedure ( Rule 57 ) and Title 28 of the U. S. Code govern declaratory judgments in federal court. For an example from case law, see Roe v. Wade 410 US 113 (1973). Related terms: Advisory opinion (contrast)wex: THE LEGAL PROCESScivil procedurecourtstypewex definitions Wex Toolbox Find a Lawyer

Wiktionary (0.00 / 0 votes)Rate this definition: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.

Translations for declaratory judgment

Freebase (0.00 / 0 votes)Rate this definition: Declaratory judgment A declaratory judgment is the legal determination of a court as to the legal position of litigants in cases where there is doubt as to their position in law. It is a form of legally binding preventive adjudication by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute.

Although generally a statutory rather than equitable remedy in the United States, declaratory relief is historically related to, and behaves in legal terms similarly to, other equitable reliefs and declarations such as those for quiet title or paternity.

A declaratory judgment does not by itself order any action by a party, or imply damages or an injunction, although it may be one part of a broader ruling which does. Declaratory relief and declaratory ruling are almost synonymous with declaratory judgment and at times used interchangeably, although declaratory relief refers to the actual relief sought or provided within the declaratory judgment rather than the judgment per se, and a declaratory ruling also covers decisions of regulatory agencies.

Numerology Chaldean Numerology The numerical value of declaratory judgment in Chaldean Numerology is: 2Pythagorean Numerology The numerical value of declaratory judgment in Pythagorean Numerology is: 9Sample Sentences & Example Usage Donald Trump: You go in seeking the decision of the court without a court case, you go right in.

You go before a judge, you do it quickly. Declaratory judgment. It's very good. Images & Illustrations of declaratory judgment Translations for declaratory judgment From our Multilingual Translation Dictionaryдеклараторное решение Russian Get even more translations for declaratory judgment »Translation Find a translation for the declaratory judgment definition in other languages: Select another language: Discuss these declaratory judgment definitions with the community: Word of the Day Would you like us to send you a FREE new word definition delivered to your inbox daily?

Please enter your email address: Subscribe Citation Use the citation below to add this definition to your bibliography: Style: MLA Chicago APA""declaratory judgment."" Definitions.net. STANDS4 LLC, 2018. Web. 10 Apr. 2018. < https://www.definitions.net/definition/declaratory judgment >. Are we missing a good definition for declaratory judgment? Don't keep it to yourself... Submit Definition "

The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, [3] and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.

Declaratory judgment

"The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject.

You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate.

(November 2013) ( Learn how and when to remove this template message)Judicial remedies Legal remedies ( Damages)Compensatory damages Punitive damages Incidental damages Consequential damages Liquidated damages Reliance damages Nominal damages Statutory damages Treble damages Equitable remedies Specific performance Account of profits Constructive trust Injunction Restitution Rescission Rectification Declaratory relief Related issues Adequate remedy Election of remedies Provisional remedy Tracing Legal costsv t e

A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.

It is a form of legally binding preventive adjudication [1] by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal ). [2]

ent A ruling by a court (or, less commonly, a regulator) that resolves a dispute but does not order an action. That is, a declaratory judgment states a fact. For example, a declaratory judgmentmay state who owns a patent or a piece of property.

Declaratory Judgment

"Declaratory Judgment (redirected from Declaratory Judgments) Also found in: Legal . Declaratory Judgm

Farlex Financial Dictionary. © 2012 Farlex, Inc. All Rights Reserved Want to thank TFD for its existence?

Tell a friend about us, add a link to this page, or visit the webmaster's page for free fun content . Link to this page:Declaratory JudgmentFacebook Twitter Feedback Flashcards & Bookmarks?

Please log in or register to use Flashcards and Bookmarks. You can also log in with Facebook Twitter Google+ Yahoo The Free Dictionary presents: Write what you mean clearly and correctly. "

Declaratory judgment

NT? A declaratory judgment is one which simply declares the rights of the parties, or expresser, the opinion of the court on a question of law, without ordering anything to be done.

What is DECLARATORY JUDGMENT?

"What is DECLARATORY JUDGME

More On This Topic Eleven Types of Legal Motions in U. S. Law International Business Law What Is A Default Judgement? Law In Malaysia Does Filing Bankruptcy Release You From a Small Claims Judgment? Can a Consent Judgment be Wiped Out in Bankruptcy?

How To Change Your Last Name Back To Your Maiden Name After A Divorce Grandparent Rights: Everything You Need To Know Mortgage Law: Judicial vs. Non-Judicial Foreclosure Nine Debt Collector Tactics That Violate The Federal Debt Collections Practices Act Related Legal Terms JUDGMENT IN REM, SUMMARY JUDGMENT, JUDGMENT, DECLARATORY PART OF A LAW, JUDGMENT IN PERSONAM, SIGNING JUDGMENT, IN JUDGMENT, DECLARATORY, MISTAKE IN JUDGMENT, STATUTE DECLARATORYLink to This Definition Did you find this definition of DECLARATORY JUDGMENT helpful?

You can share it by copying the code below and adding it to your blog or web page.DECLARATORY JUDGMENTWritten and fact checked by The Law Dictionaryoutroper INCUMBRANCER "

The same court observed that even ""if the basic requirements for A Declaratory Judgment Action are met, it is still within the discretion of the district court to decline a Declaratory Judgment Action."" 7This is in accordance with appellate decisions as well: Declaratory relief is a matter of district court discretion.

Combating Abuse Of The Declaratory Judgment Action By Insurers

"Combating Abuse Of The Declaratory Judgment Action By Insurers It has become fashionable in recent years for insurers to sue their own insureds in a declaratory judgment action seeking to avoid coverage under a policy of liability insurance or to support the insurer's denial of a first party claim by the insured.

While the filing of a ""dec action"" is often required of an insurer by case law, there are several other reasons for the popularity of such litigation with insurers.

The dec action is a method by which the insurer can take the offensive, rather than stay passive and wait for the insured to act. The insurer has the opportunity to pick and chose the venue and jurisdiction, and the parties to the litigation. In this manner the insurer steals the initiative away from the insured, can direct the litigation, and maximize its chances of winning.

This article is about how to combat such tactics. There are two statutory frameworks by which declaratory judgment actions may be brought in Georgia. The first is the Georgia Declaratory Judgment Act. 1 The second is the Federal Declaratory Judgment Act. 2 This article concentrates on the latter, although much of what appears here is equally applicable to the former.

Under the Federal Declaratory Judgment Act is clear that the granting of declaratory relief is a matter of trial court discretion. 3The court must look at the litigation situation as a whole in determining whether it is appropriate for the court to exercise jurisdiction over the declaratory judgment action before it. 4

One factor which supports the dismissal of a declaratory judgment action is the conduct of the insurer in filing such a declaratory judgment action to pre-empt the insured from having a choice of forum in a first party claim.

In one case, the insured advised the insurer that it planned to file suit by May 15, 1992 if the insurer did not pay the insured's claim. The insurer declined to pay, and then filed a declaratory judgment action on May 11, 1992. The U. S. District Court granted the insured's Motion to Dismiss stating that ""Federal declaratory judgment is not a prize to the winner of a race to the courthouse"".

5Another improper tactic would be if the insurer assigned the handling of the claim and the handling of the coverage question to the same person.

The significance of this is that the insurer has the right under the insurance contract to compel the insured to give it information through the ""cooperation clause"" of the policy.

When the insurer assigns one person to deal with the insured under the guise of acting on the behalf of the insured in the handling of the underlying tort claim, when in reality that person is gathering information for use to avoid coverage, this is a demonstration that the insurer was never acting in the best interest of its insured, but was setting up the insured for a no coverage position all along.

If you catch an insurer doing this, point it out to the court in a Motion to Dismiss. Also, if you can show that confidential information was learned by the insurer in this fashion, and passed on to its dec action attorney, you may be able to get the insurer's dec action attorney disqualified from the case.

Omitting necessary parties when the insurer files its action is another form of misconduct. This is done by the insurer in an attempt to freeze the insured in a jurisdiction of the insurer's choosing.

Other parties having an interest in the outcome of the underlying tort case should be parties to the declaratory judgment litigation as well. These would include the injured plaintiff in a personal injury claim, the owner of property damaged by the event (and via subrogation, its insurers), any additional defendants in the underlying tort action, as well as excess insurance carriers or U. M. carriers whose coverage might be triggered.

However, the inclusion of such parties often destroys diversity of citizenship, preventing Federal diversity jurisdiction, or demonstrates that venue would be more proper in another court. If the insurer wants to stay in a particular court it may not want these other parties to be involved in the litigation. In such a situation, the insurer will often seek to litigate against its insured alone. A favorable decision, if obtained, becomes the legal basis to deny coverage of all other claims.

This has the effect of depriving the other interested parties of their opportunity to contest the insurer's position. The Declaratory Judgment Act was not designed to countenance such procedural manipulation of forums and actions. (Cites omitted). In fact, the misuse of the Declaratory Judgment Act to gain a procedural advantage and pre-empt the forum choice of the plaintiff in the coercive action militates in favor of dismissing the Declaratory Judgment Action. 6