Talk:Declaratory judgment

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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)[reply]

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).[reply]

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)[reply]