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Encyclopedia > Declaratory judgment

A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have, but does not order any action or result in any legal damages.


A declaratory judgement is typically requested when a party is threatened with lawsuit and the threatened lawsuit is not filed; 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 countersuit to prevent further lawsuits.


In common law countries, declaratory judgement is a form of equitable relief.


  Results from FactBites:
 
Declaratory judgment - Wikipedia, the free encyclopedia (891 words)
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.
Declaratory judgment is common when one party sends another a cease and desist letter.
Declaratory judgments are common in patent litigation - as well as in other areas of intellectual property litigation - because declaratory judgments allow an alleged infringer to "clear the air" with regard to a product or service which may be the focal point of a business.
United States Tax Court Rules (2711 words)
The Rules of this Title XXI set forth the special provisions which apply to declaratory judgment actions, relating to the qualification of retirement plans, the status of certain governmental obligations, and the initial or continuing qualification of certain exempt organizations or the initial or continuing classification of certain private foundations.
Any party to an action for declaratory judgment with respect to the qualification of a retirement plan may move to have joined in the action any employer who established or maintains the plan, plan administrator, or any person in whose absence complete relief cannot be accorded among those already parties.
Disposition of an action for declaratory judgment, which does not involve either a revocation or the status of a governmental obligation, will ordinarily be made on the basis of the administrative record, as defined in Rule 210(b)(10).
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