JUDGMENTS - FEDERAL DECLARATORY JUDGMENTS ACT

Authors

Charles R. Moon Jr., University of Michigan Law SchoolFollow

Abstract

Underlying the declaratory judgment is the idea that in an organized and civilized society where law and order are thoroughly recognized and established, coercion is normally unnecessary to settle legal disputes between parties. The belief is that in many lawsuits the plaintiff is not seeking a means of coercing the defendant but that the plaintiff and the defendant merely want a final and conclusive decision of a disputed question on which their legal relations depend. The value of the declaratory judgment lies in that it may be used to settle this dispute, in many cases before any other form of legal relief is available/ and without the use of harsh and hated coercive judgments and decrees.

Recommended Citation

Charles R. Moon Jr., JUDGMENTS - FEDERAL DECLARATORY JUDGMENTS ACT, 36 Mich. L. Rev. 466 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/9