Talk:Declaratory judgment

Rewrote this sentence:


 * In common law countries, declaratory judgement is a form of equitable relief.

That is too broad a statement. In some US jurisdictions, the declaratory judgment action is regarded as a creation of statute, rather than an equitable remedy. Also, of course, most jurisdictions have merged law and equiy jurisdiction. Ellsworth 00:42, 3 September 2005 (UTC)

I agree that this is too broad--some scholars have described the DJ as an equitable remedy and others have described it as sui generis. The best view seems to be that it is a statutory remedy with some antecedents in equity, a point I've tried to make in a revision to the sentence.User:Lawp —Preceding undated comment added 15:15, 15 December 2009 (UTC).

Dropped clause that a DJ might be sought:


 * "as part of a counter-suit to prevent further lawsuits".

The legal remedies used to prevent multiple lawsuits are more typically the interpleader or the bill of peace. Ellsworth 00:14, 10 September 2005 (UTC)

US Case Law and Declaratory Relief
Would it be appropriate to add explicit references to US case law concerning declaratory relief (as far as I can tell, the Supreme Court cases Zwickler v. Koota 389 US 241 and Steffel v. Thompson 415 US 452 both appear to be related to concerns about declaratory relief balanced against injunctive relief)? 204.52.215.69 (talk) 11:43, 8 January 2008 (UTC)

Patent Pitfalls and Strategy - section needs help
This section isn't written like the above sections... it's more instructive than informative, almost like legal advice, which is something wikipedia probably wants to avoid giving out. —Preceding unsigned comment added by 69.134.8.129 (talk) 13:18, 5 June 2008 (UTC)

I agree. How do we proceed? — Preceding unsigned comment added by L.Sharrr (talk • contribs) 00:44, 12 September 2011 (UTC)