Declaratory Judgement

Question 1

Definition

Answer 1

A declaratory judgment settles disputed issues by declaring the parties’ legal rights, status and relationship without imposing any other court-ordered relief.

• NOT a coercive remedy; it does not result in a court order requiring either party to act.
• The court’s judgment nonetheless binds the parties because traditional rules of issue preclusion apply to prevent the parties from relitigating the issues the declaratory judgment resolves.

Question 2

Statutory Remedies

Answer 2

State (Uniform Dec. Judgement Act)
“Courts shall have power to declare right, status, & other legal relations whether or not further relief is or could be claimed.”

Federal DJ Act: 28 U.S.C. § 2201
“In case of actual controversy, court may declare the rights and other legal relations of any interested party whether or not further relief is or could be sought.”

What is an “actual controversy”? (Medimmune)

Question 3

Qualifying for DJ

Answer 3

1. Mandatory Requirements: “Case or controversy”
   ○ Threat of private prosecution is enough, no need to breach and risk treble damages etc.
2. Discretionary Factors - When is declaratory relief appropriate?
   ● DJ should serve a “useful purpose” [Clarifying and settling the legal issues]
   ● Terminates uncertainty [Settles the controversy]
   ● Not for Tactical advantage [No Forum shopping by potential D]
   ○ “Procedural fencing” - decline to issue a DJ where a putative tortfeasor attempts to choose the time and forum to litigate the claims of the injured party”

Question 4

Enforcing DJ

Answer 4

May seek “FURTHER RELIEF” UDJA §9
1. Where necessary or proper
2. Upon Notice & Opp to be Heard

All other remedies (damages, inj, restit.)
[NO contempt: not personal command/inj]