Declaratory relief is a A judge or justice is an appointed or elected official who presides over a court. The powers, functions, and training of judges varies widely from jurisdiction to jurisdiction. A judge can also be simply a qualified person who evaluates and passes judgement on anything; for example, a judge at a...
judge's determination (called a " 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...
declaratory judgment") of the parties' For the direction right, see left and right or starboard. For the political trend or ideology, see Right wing. The following article discusses the notion of rights in matters of philosophy and Law. At its most fundamental, a right is a claim, on other persons, that is acknowledged and reciprocated...
rights under a A contract is any legally-enforceable promise or set of promises made by one party to another. The contract may be express (either written or oral) or may be implied from circumstances. Contracts may be enforced by filing a civil (non-criminal) lawsuit, usually in a state court, or by...
contract or a A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. It is sometimes informally referred to as black letter law. The term statute is sometimes also...
statute, often requested (and highly desired) in a A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business...
lawsuit over a contract. In theory, an early resolution of legal rights will resolve some or all of the other issues in the matter.
Declaratoryrelief will lie where (1) there is a justiciable controversy; (2) it exists between parties with adverse interests; (3) those seeking relief have a legal interest in the controversy; and (4) the issues involved are ripe for decision.
Now, a debtor can file a declaratory judgment action to determine, factually, what he or she owes on the account, when another person who also is alleged to owe monies on the account is not made a party to the suit.
Because the complaint filed by Wilmans seeks affirmative relief and a ruling that her daughter, Lisa Moreno, was not authorized to use her credit card, I agree with the trial court that Moreno is a necessary and indispensable party under Rule 19 of the Arkansas Rules of Civil Procedure.
In affirming a denial of declaratoryrelief, the Zetterberg court held declaratoryrelief was "inappropriate" because the action sought general declarations of the legislative allocation of powers among two agencies of the executive branch.
Declaratoryrelief directed to policies of administrative agencies is not an unwarranted control of discretionary, specific agency decisions.
Declaratoryrelief is a cumulative remedy (Code Civ.Proc., § 1062), and a proper complaint for declaratoryrelief cannot be dismissed by the trial court because the plaintiff could have filed another form of action.
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