Declaratory Judgements

Question 1

Declaratory Judgements: What type(s) of remedy?

Answer 1

Declaratory Judgements are neither a legal nor an equitable remedy…

It only exists because a statute exists to make it so.

Question 2

Declaratory Judgements: What do they do?

Answer 2

Declares the right and other legal relationship of any legal party seeking such declaration.

Question 3

Declaratory Judgements: What do they do (simple):

Answer 3

Declares Legal Rights

Question 4

Declaratory Judgements: Rule on final judgment and jurisdiction:

Answer 4

Any declaration is a final judgment (meaning it can be appealed)

There has to be an actual controversy within its jurisdiction.

Question 5

Declaratory Judgements: How do they compare to injunctions?

Answer 5

Something Declaratory Judgements seem less harsh than injunctions because there is not an enforcement power.

Question 6

Declaratory Judgements: Easy to prove?

Answer 6

Declaratory Judgments can be easy to prove.

Question 7

Declaratory Judgements: Why would you not seek a declaratory judgement?

Answer 7

You do not seek a declaratory judgement to say someone did not breach a contract, you would instead wait to see if you get sued.

Question 8

Declaratory Judgements: 3 common Declaratory Judgement Issues:

Answer 8

1) Patent Validity
2) Statute Validity
3) Insurance Coverage