Declaratory Judgment | Practical Law

Declaratory Judgment | Practical Law

Declaratory Judgment

Declaratory Judgment

Practical Law Glossary Item 3-509-7038 (Approx. 2 pages)

Glossary

Declaratory Judgment

A judgment from a court that defines the rights of the parties regarding the legal question presented. Declaratory judgments differ from other judgments because they do not order a party to take any action or award any damages for violations of the law. Instead, declaratory judgments state whether the parties may seek or are entitled to relief. Declaratory judgments are conclusive and legally binding, but do not have preclusive effect if:
  • A later lawsuit involves issues other than those specifically litigated and ruled on in the declaratory judgment action.
  • A party sought other relief in addition to declaratory relief, such as injunctive relief, in the declaratory judgment action.