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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. It is commonly called a declaratory ruling, a term which also includes decisions of regulatory agencies. A declaratory judgment or ruling is legally binding as to the duties, rights, obligations and status 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.A declaratory judgment is…mehr

Produktbeschreibung
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. It is commonly called a declaratory ruling, a term which also includes decisions of regulatory agencies. A declaratory judgment or ruling is legally binding as to the duties, rights, obligations and status 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.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 counterclaim 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.