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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - declaration of rights
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Definition of declaration of rights
A declaration of rights is a legal action where a person asks a court to clarify their rights, even if those rights have not been violated. This is often done when there is uncertainty about a person's legal status or entitlements.
- A person may seek a declaration of legitimacy to confirm their legal status as a child of their parents.
- A person may seek a declaration of nullity of marriage to clarify whether their marriage is legally valid or not.
- A person may seek an authoritative interpretation of a will to determine their entitlements under the will.
These examples illustrate how a declaration of rights can be used to clarify a person's legal status or entitlements, even if there has been no violation of their rights.
A good lawyer knows the law; a great lawyer knows the judge.
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Simple Definition
A declaration of rights is when someone asks a court to help them understand their rights, even if those rights haven't been violated yet. This can happen in cases like determining if a marriage is valid or interpreting a will. It's also called a declaratory judgment.
Behind every great lawyer is an even greater paralegal who knows where everything is.
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