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Declaratory Judgment |
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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. It may also be sought in administrative law instead of prerogative writs such as certiorari or prohibitions. In common law countries, declaratory judgement is a form of equitable relief. Wikipedia article (the free online encyclopedia) reproduced under the terms of the GNU (General Public License) Free Documentation License. |