Declaratory judgment

A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute. A declaratory judgment is binding as to the duties, rights and obligations of the parties. However, a declaratory judgment does not order any action or result in any award of damages to any party to the case. Unlike an advisory opinion, a declaratory judgment requires an actual case or controversy.

Related Topics:
Judgment - Court - Civil case - Dispute - Binding - Damages - Advisory opinion - Case or controversy

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A declaratory judgment is typically 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 counter-suit to prevent further, similar lawsuits from the same plaintiff (for example, when only a contract claim is filed, but a copyright claim might also be applicable). It may also be sought in administrative law instead of prerogative writs such as certiorari or prohibitions.

Related Topics:
Contract - Counter-suit - Administrative law - Certiorari - Prohibitions

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In the United States, the federal government and most states have enacted statutes authorizing their courts to issue declaratory judgments. In some common law jurisdictions, declaratory judgement is a form of equitable relief.

Related Topics:
United States - Federal government - Equitable relief

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