DECLARATORY JUDGMENT
Statutory remedy for the determination of a JUS-
TICIABLE controversy where the plaintiff is in
doubt as to his or her legal rights. A binding adju-
dication of the rights and status of litigants even
though no consequential relief is awarded.
Individuals may seek a declaratory judgment
after a legal controversy has arisen but before
any damages have occurred or any laws have
been violated. A declaratory judgment differs
from other judicial rulings in that it does not
require that any action be taken. Instead, the
judge, after analyzing the controversy, simply
issues an opinion declaring the rights of each of
the parties involved. A declaratory judgment
may only be granted in justiciable controversies—that is, in actual, rather than hypothetical,
controversies that fall within a court’s jurisdiction.
A declaratory judgment, sometimes called
declaratory relief, is conclusive and legally bind-
ing as to the present and future rights of the par-
ties involved. The parties involved in a
declaratory judgment may not later seek
another court resolution of the same legal issue
unless they appeal the judgment.
Declaratory judgments are often sought in
situations involving contracts, deeds, leases, and
wills. An insurance company, for example,
might seek a declaratory judgment as to whether
a policy applies to a certain person or event.
Declaratory judgments also commonly involve
individuals or parties who seek to determine
their rights under specific regulatory or criminal
laws.
Declaratory judgments are considered a type of preventive justice because, by informing parties of their rights, they help them to avoid violating specific laws or the terms of a contract. In 1934 Congress enacted the Declaratory Judgment Act (28 U.S.C.A. § 2201 et seq.), which allows for declaratory judgments concerning issues of federal law. At the state level, the National Conference of Commissioners on Uniform State Laws passed the Uniform Declaratory Judgments Act (12 U.L.A. 109) in 1922. Between 1922 and 1993, this act was adopted in forty-one states, the Virgin Islands, and the Commonwealth of Puerto Rico. Most other states have varying laws that provide for declaratory judgments. Most declaratory judgment laws grant judges discretion to decide whether or not to issue a declaratory judgment.
FURTHER READINGS
Howard, Davis J. 1994. “Declaratory Judgment Coverage
Actions.” Ohio Northern University Law Review 13.
