declaratory judgment

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.

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In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument.

It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that something be done); instead it simply declares or defines rights to be observed or wrongs to be eschewed by litigants, or expresses the court's view on a contested question of law.

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law
      in law, a judicial judgment intended to fix or elucidate litigants' rights that were previously uncertain or doubtful. A declaratory judgment is binding but is distinguished from other judgments or court opinions in that it lacks an executory process. It simply declares or defines rights to be observed or wrongs to be eschewed by a plaintiff, a defendant, or both, or expresses the court's determination of a contested question of law, without ordering that anything be done. Although a declaratory judgment must deal with a real as opposed to a hypothetical dispute, it is not necessary for an actual wrong, giving rise either to criminal liability or to a claim for civil damages, to have been done or even threatened or contemplated. The Declaratory Judgment Act established its use in U.S. law in 1934.

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Universalium. 2010.

Look at other dictionaries:

  • declaratory judgment — see judgment 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. declaratory judgment …   Law dictionary

  • 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 — 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 — 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 — 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 — 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

  • declaratory — de·clar·a·to·ry /di klar ə ˌtōr ē/ adj: serving to declare, set forth, or explain: as a: declaring what is the existing law b: declaring a legal right or interpretation declaratory relief see also declaratory judgment …   Law dictionary

  • judgment — judg·ment also judge·ment / jəj mənt/ n 1 a: a formal decision or determination on a matter or case by a court; esp: final judgment in this entry compare dictum, disposition …   Law dictionary

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