A declaratory judgment is a legal remedy that is used to determine the rights and obligations of involved parties. Generally, a declaratory judgment is sought when no other remedy has been set forth yet, making it an important way to settle disputes between those involved. A court can issue such a judgment to define the respective rights of two parties in a dispute.
Essentially, it is a resolution made without a battle, as there is no need for an actual lawsuit to occur. Prevailing parties who have a declaratory judgment issued in their favor usually will have all their rights, responsibilities, and liabilities clarified and finally established. This helps to prevent an otherwise long-term dispute or potential lawsuit.
Modern Examples of Declaratory Judgments
A modern example of a declaratory judgment can be seen in a series of lawsuits involving Google. In 2017, a group of states sought to sue the tech-giant, arguing that their platform had violated antitrust laws through its search result practices. Eventually, Google settled the suits with a declaratory judgment, which established the terms by which the company could continue their operations without being accused of violating any antitrust laws.
In another case, a contract dispute between two businesses was brought to court and eventually ended with a declaratory judgment that outlined the exact responsibilities of each party. This cleared up any interpretation issues that may have arisen should a court case had been taken to its full extent.
How Do Declaratory Judgments Resolve Conflict?
A declaratory judgment helps to resolve conflict between parties without the need for a litigated court case. This type of resolution often avoids costly and time-consuming trials, as both sides of a dispute are typically willing to agree to the terms of the judgment. Even though this solution still costs money, it helps to avoid lengthy arguments that could end up being more costly and time consuming as a trial-by-court.
A declaratory judgment also provides a quick and binding decision that cannot be challenged. This helps to ensure that both parties involved are on the same page and will refrain from any further dispute or action. Both parties acknowledge and accept the decisions of the court, solidifying the agreement between them.
Final Thoughts
A declaratory judgment is a legal remedy that can be used to settle disputes and conflicts without the need for a trial. It not only saves time and money, but clarifies the positions of both parties and provides a definitive solution to the issue. In today’s world, declaratory judgments have become increasingly popular as more conflicts arise and need resolution before going to court.