declaratory judgment – declares conclusively the rights, duties, or status of the parties, but orders no executory or coercive relief

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declaratory judgment:
(1886)

1. A binding adjudication that establishes the rights and other legal relations of the parties without providing for or ordering enforcement.  *    Declaratory judgments are often sought, for example, by insurance companies in determining whether a policy covers a given insured or peril. — aka declaratory decree; declaration. [1]

1. 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, 101 ALR 682; Savage v Howell, 45 NM 527, 118 P2d 1113.

An action for a declaratory judgment is the appropriate remedy for the determination of a justiciable controversy where the plaintiff is in doubt as to his legal rights and wishes to avoid the hazard of taking steps in advance of the determination of such rights. 22 Am J 2d Dec J § 1. [2]

1. A judgment that specifies the rights of the parties but orders no relief.  Nonetheless, it is a binding judgment and the appropriate remedy for the determination of an actionable dispute when the plaintiff is in doubt as to his legal rights.
     See also summary judgment. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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