Ads
related to: declaratory judgment templateuslegalforms.com has been visited by 100K+ users in the past month
pdffiller.com has been visited by 1M+ users in the past month
A Must Have in your Arsenal - cmscritic
Search results
Results from the WOW.Com Content Network
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
Main page; Contents; Current events; Random article; About Wikipedia; Contact us
In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a declaratory judgment.
Summary judgment in the United States applies only in civil cases. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms.
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [ 5 ] In United States federal courts , JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure .
Declaratory judgment: a judgment that determines the rights and liabilities of the parties without enforcing a judgment or otherwise requiring the parties to do anything. [17] A declaratory judgment may be useful where the parties have differing views about their rights and duties or are wishing to clarify them without seeking any other remedy.
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!
That is the most important distinction between the injunction and another non-monetary remedy in American law, the declaratory judgment. [10] Another way these two remedies are distinguished is that the declaratory judgment is sometimes available at an earlier point in a dispute than the injunction. [10]