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LSDefine
Simple English definitions for legal terms
declaration of rights
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A quick definition of declaration of rights:
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.
A more thorough explanation:
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.