What is the definition for Declamatory Judgement?
CA regulation
Answers:
A "declaratory judgment" is when the court rules on the meaning of a term, phrase or statement that is at issue in a lawsuit.
For example, there is an insurance policy that may provide coverage for the injury sustained by the plaintiff in a personal injury case. The parties, however, disagree on whether coverage exists. The court can examine the policy language (because it is not subject to change) and then "declare" (rule) whether coverage is available.
Declaratory Judgment
Judgment from a district court to establish the right of the parties or express the opinion of the court as to the question of law without ordering anything to be done.
Hi
Declamatory judgment is defined as "A judgment that declares the rights of the parties on a question of law". Check out the source below, may be helpful to you.
Cheers...Ray
A declaratory judgment is a suit filed to get a preemptive ruling on the interpretation of law, or the application of law to a specific factual situation.
It's only allowed in certain states (not at the federal level), because of the Article III "cases and controversies" limitations on federal declaratory actions.
Without checking (going from memory), you can only file for a declaratory judgment if there is a reasonable likelihood of you being sued as a defendant -- the dec lets you preempt the suit by filing first.
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