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Home » Law Dictionary » D » DECLARATORY

DECLARATORY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Something which explains, or ascertains what before was uncertain or doubtful; as a declaratory statute, which is one passed to put an end to a doubt as to what the law is, and which declares what it is, and what it has been.

Law Dictionary – Alternative Legal Definition

Explanatory; designed to fix or elucidate what before was uncertain or doubtful. Declaratory action. In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender, (defendant.) Ersk. Inst. 5, 1, 46. Otherwise called an “action of declarator.”-Declaratory decree. In practice. A binding declaration of right in equity without consequential relief. Declaratory judgment. A declaratory judgment is one which simply declares the rights of the parties, or expresses the opinion of the court on a question of law, without ordering anything to be done. Declaratory part of a law. Tnat which clearly defines rights to be observed and wrongs to be escheweu. Declaratory statute. One enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the law is in relation to a particular matter. It may either be expressive of the common law, (1 Bl. Comm. 86; Gray v. Bennett 3 Mete. [Mass.] 527;) or may declare what shall be taken to be the true meaning and intention of a previous statute, though in the latter case such enactments are more commonly called “expository statutes.”

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