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2 The courts decision has been described as carving out an exception, rather than overruling prior law. 1998, no pet.). o FRCP Rule 57. Rule 56(a). v. Mitchell, 138 F.3d 208, 210 (5th Cir. E.g., Wilton v. Seven Falls Co., 515 U.S. 277 (1995); American States Ins. Ins. Ins. Texas Family Code Section 2.401 states the proof necessary to establish an informal marriage in Texas: . <>
The order, once it has been reduced to judgment (under Pa. R.A.P. Pursuant to this directive, OCA has prepared the following felony judgment forms and instructions for the forms:: Judgment of Acquittal by Court Judgment of Acquittal by Jury Judgment of Conviction by Court Judgment of Conviction by Jury Judgment of Conviction (Capital Murder-State seeks Death) Rule 56(c). (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. A defendant is the side the lawsuit has been filed against.The defendant is the party that may have to pay money damages or perform some other action if the plaintiff wins and the . Ins. Google it and find out how your State has interpreted this remedy. 2002); Monticello Ins. Ellison sought a declaratory judgment to that effect and also brought claims for trespass to try title, trespass to real property, conversion, unlawful drainage, gross negligence, and nonpayment of oil and gas proceeds. d) The court may also grant summary judgment against the moving party, if appropriate. While abstention doctrine is more frequently an issue in federal court, state courts can also abstain. Because the Declaratory Judgment Act expressly allows plaintiffs who win declaratory relief to seek injunctive relief either simultaneously or subsequently, any losing defendant will know that the potential for sanctions is only one step away. A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate: (1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; (3) to determine any question arising in the administration of the trust or estate, including questions of construction of wills and other writings; or. Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. ***It is your responsibility to make sure that this is appropriate for your individual case. In addition, in many instances, a protective order will allow broad discovery, without fear of disclosure to the plaintiff. 19821 DECLARATORY JUDGMENTS IN TEXAS their statutory law. 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. Tex. App.Austin 1998, no pet. Jan. 25, 2019) is a mandamus case involving an insurer's motion to dismiss a declaratory judgment action by a law firm seeking a declaration of non-liability for malpractice in representing the insurer and advising it did not owe a defense in an underlying suit. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith. 2 0 obj
Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. App.Corpus Christi 1975, writ refd n.r.e.) The court noted that the Griffin exception did not apply, but that a justiciable controversy existed, as the judgment clarified the rights of the parties under the contract; especially because the policy includes a provision under which Ranger could be relieved of its duty to defend by tendering its limits. See Fed. 2002, no pet. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. P., also addresses declaratory judgments, by reference to 28 U.S.C. In Chiriboga v. State Farm Mut. Local venue flavor/influences II. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. [i]Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights. Definition of Declaratory Judgment Noun A legal determination, made by a court, resolving a legal uncertainty within a legal action by outlining the facts of the case before it. Mut. McKee Foods Kingman v. Kellogg Co., 474 F. Supp . See, e.g., State Farm Fire & Cas. The insurer refused to pay the judgment, on the basis that the insureds conduct constituted a willful violation of a penal statute, and was thus excluded by the policy. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. Co. v. Patriot Sec., Inc., 926 F.Supp. SUBJECT MATTER OF RELIEF. of Trans., 999 S.W.2d 881, 883 (Tex. 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. Civ. at 313. ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . See Travelers Ins. 37.005. The above information is taken from the Palmers training on their sample motions, parental rights motions. 37.007. The petition in the underlying suit was amended, however, and all references to alcohol were deleted. Sec. R. CIV. Civ. Co. v. Tandy Corp., 986 F.2d 94, 95 (5th Cir. 8. 189 0 obj
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Ins. 1983). The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. 1992); LaFarge Corp. v. Hartford Cas. 1978). 37.006, TEX. Co., 96 S.W.3d 673 (Tex. 1965). Suite 400 Co v. (b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. A Texas Rule 11 family settlement agreement can be a wonderful tool to resolve a Texas probate dispute. (a)For Claimant. See Bailey, 133 F.3d at 369 n.4; Travelers Ins. 30. Co. v. Trejo, 39 F.3d 585, 590 (5th Cir. App.Austin 1998, pet. In Bradleys Electric, the court rejected an argument from the insured that the county where the insurance contract was negotiated and executed was the only proper venue, but recognized it was also proper. Co. v. Delaney, 386 S.W.2d 648 (Tex. Ohio Cas. denied) (failure to satisfy burden is not finding of proof of opposite). App.Houston [1st Dist.] 140 0 obj
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App.Beaumont 1999, pet. In Gandy, the court broadened the scope of re-litigation, noting that in no event, however, is a judgment for plaintiff against defendant rendered without a fully adversarial trial, binding on defendants insurer . (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . Co. v. Ward, 107 S.W.3d 820 (Tex. Acts 2007, 80th Leg., R.S., Ch. Ins. Here are the requirements: An informal or common-law marriage exists in Texas if the parties (1) agree to be married, (2) live together in Texas as husband and wife after the agreement, and (3) represent to others that they are married. SUBJECT MATTER OF RELIEF. LEXIS 7088 (Tex. However, each party must still plead for relief and carry its own burden of proof. (a) In this section, "state" includes any political subdivision of that state. App.Corpus Christi 2000, no writ). App.Houston [1st Dist.] DECLARATIONS RELATING TO LIABILITY FOR SALES AND USE TAXES OF ANOTHER STATE. App.Fort Worth 1973, writ refd n.r.e.). The award is subject to reversal only if it is arbitrary and unreasonable. (b) A district court has original jurisdiction of a proceeding seeking a declaratory judgment that involves: (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or, (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and, (A) is an official of another state; and. (prior judgment not res judicata as to amended pleading that alleged new facts, not involving completed operations); St. Paul Ins. Sec. The collision was also in Hidalgo County, as was the liability suit. denied) (judgment of negligence in underlying case did not establish that negligent acts caused bodily injury, and did not preclude insurer from establishing intentional conduct); Deering Mgmt. 1993). Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. ); State Farm Lloyds Ins. & Rem. Please avail yourself of these resources before seeking a consultation. Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. <>
If you would like additional TRAINING: You canHIRE the PALMERS** to teach your attorney how to argue the declaratory judgment motions for you in your family law or divorce case. 1023, 1026 (N.D. Tex. App.Fort Worth 2000, no pet.). A Declaratory Judgment allows you to establish with your court what your rights are before you take steps which might involve you in costly litigation. This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability starts the statute of . A justiciable controversy may nonetheless exist where no other cause of action is available or has ripened. App.Houston [14th Dist.] You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. denied). Where the insurer is providing a defense, it is a party to the attorney-client privilege, and can share in communications between the insured and defense counsel, without waiver. As such, there should be no collateral estoppel of the insurer, based upon the outcome of the issue in the underlying case. Sept. 1, 1999. Group v. Lou-Con, Inc., 293 F.3d 908 (5th Cir. App.Corpus Christi 2003, no writ). Bonham State Bank v. Beadle, 907 S.W.2d 465 (Tex. 8 0 obj
In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. We do not guarantee or warrant any of this information. In older cases, courts allowed broad introduction of extrinsic evidence in a declaratory judgment context. River Entertainment was joined because it owned Pepes where the defendant imbibed. endobj
COPYRIGHT: All of the materials are copyrighted. In Gonzales v. American States Ins. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. 91a.1 Motion and Grounds. No. CODE ANN. Co. v. Sweatt, 978 S.W.2d 267 (Tex. Co. v. Trejo, 39 F.3d 585 (5th Cir. 45 . declaratory judgment be granted as requested herein, and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and for such other and further relief that may be awarded at law or in equity. 955 S.W.2d at 84 (construing Tex. and Laju Patel Beaumont, Texas civil litigation lawyers represented Defendant accused of paying kickbacks. Rule 57 also notes that the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. In addition, Rule 57 provides that the court may order a speedy hearing as an action for a declaratory judgment and may advance it on the calendar.. 2.401 (a) (West 2006) Co. v. Cowan, 945 S.W.2d 819 (Tex. Amended by Acts 1987, 70th Leg., ch. Co. v. Sassin, 894 F.Supp. Code Ann. 1993); Trinity Univ. 1969); Getty Oil v. Ins. 1271 (N.D. Tex. . 1 Partner, Scheef & Stone, LLP, Frisco, Texas. Auto Ins. 1989, no writ); In re Fontenot, 13 S.W.3d 111 (Tex. Prior to the Grapevine Excavation case, the Fifth Circuit had construed 38.006 to exempt insurers from paying attorneys fees in breach of contract actions. A number of issues arise in regard to discovery in a declaratory judgment action. Rule 57. Civ. Co. v. Carmichael, 1998 Tex. These rules govern the procedure for obtaining a declaratory judgment under 18 U.S.C. 959, 1, eff. Acts 1985, 69th Leg., ch. In part, of course, the scope of discovery will be determined by the nature of the issue. (driver excluded); see also Tri-Coastal Contrs, Inc. v. Hartford Undwrs Ins. 2283. . 97 (E.D. If done right, it can save parties to a probate dispute time and money, and avoid the uncertainty of litigation. 504-526-4350, 408 St. Peter Street, Suite 510 1997) (whether vehicle was owned by insured); Harken Exploration Co. v. Sphere Drake Ins., PLC, 261 F.3d 466 (5th Cir. 7/22/14 N/A Yes . stream
App.San Antonio 1998, pet. Co. v. Travis, 68 S.W.3d 72, 77 (Tex. In American Genl Fire & Cas. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. Prac. Co., 143 F.3d 192 (5th Cir. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. Courts recognize that when there are conflicting positions on coverage, as when the insurer reserves rights, there is no privity between the insured and the insurer on issues relating to coverage, which are also at issue in the underlying case. denied sub nom. A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id. FFC Home Page / 5 Reasons to file a Declaratory Judgment. Co. v. Gaskins, 572 S.W.2d 573, 575 (Tex. endstream
any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. The federal act allows the court to declare the rights of any interested party.. The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. In Natl Union Fire Ins. (although judgment reversed on coverage, no indication courts refusal to award fees to either party was abuse of discretion). Texas Declaratory Judgment Law United States of America v. Vijesh Patel, M.D. Background This case involves a dispute over a . See United Services Life Ins. Co. v. Griffin, 955 S.W.2d 81 (Tex. 5 0 obj
As with the state act, one of the exceptions allows a federal court to enjoin re-litigation in state court to protect or effectuate its judgments. See Royal Ins. (whether driver qualified as an insured); John Deere Ins. Genl Agency v. Cooper, 952 S.W.2d 861 (Tex. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1994). If no facts within the scope of coverage are alleged, an insurer is not required to defend. 2d 601, 621-22 (E.D. . App.Houston [1st Dist.] 1996). 1994). Utica Lloyds of Tex. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. Suite 1850 Nevertheless, some courts have concluded that declaratory relief is inappropriate where another cause of action is fully mature and provides an appropriate remedy at law. art. App.Dallas 2001, pet. The trial court granted the man's petition for declaratory judgment and declared that the parties were never married to each other. denied); cf. 1445(c) and federal abstention principles. Coverage disputes under liability policies are well-suited for declaratory actions. Prac. 305 (H.B. Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. Co. of Texas, 1998 Tex. * Associate Professor of Law, Texas Tech University School of Law. App.Fort Worth 1986, writ refd n.r.e.). 37.008. Co., 387 S.W.2d 22, 25 (Tex. denied) (refusing to allow use of extrinsic evidence to disprove alleged facts). " (emphasis added)). App.Houston [14th Dist.] 2201, and further provides for a jury trial. v. Mitchell, 138 F.3d 208, 210 (5th Cir. COSTS. Ins. 830-252-5100. Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. The Western Heritage case epitomizes the argument for use of extrinsic evidence. Co., 316 U.S. 491 (1942); Wilton, 515 U.S. 277. The Declaratory Judgment Act states "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations." See 42 Pa. C.S.A. Also, seeking title by declaratory judgment is improper. See Firemans Ins. Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. denied); ANR Prod. 1996) (nevertheless refraining from determining coverage for indemnity, on the basis of judicial economy). Civ. See Granite State Ins. (c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty. Co. v. Cooper Machinery Corp., 817 F.Supp. A justiciable controversy requires a real and substantial controversy over tangibles interests, and not merely a theoretical dispute. 1968); National Sav. At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land. <>
effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. See Murray, 437 S.W.2d 264 (Tex. Therefore, the claimants should not be necessary or indispensable parties, prior to the settlement or judgment. See the resource below for more details. App.Austin 1999, pet. Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. App. Co., 95 S.W.3d 702 (Tex. Cigna Lloyds Ins. On the other hand, where the insured seeks a declaration that the insurer owes indemnity, before resolution of the underlying case, the opinion may be considered advisory, and declaratory relief may, indeed, be premature. : `g`R@,
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While for years there was a question in the Federal courts as to whether 38.001, Tex. Ins. recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. A. Co. v. Taylor, 706 S.W.2d 352 (Tex. 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, when only a contract claim is Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. A declaration does not prejudice the rights of a person not a party to the proceeding. <>
1998), overruled on other grounds, State Farm Fire & Cas. "Undoubtedly, the degree of control the agreement ultimately exerts over the parties' rights in the . All Rights Reserved. Copyright 2013 - 2023. Sept. 1, 1985. A declaratory judgment must be based on an actual controversy, and cannot be merely advisory. September 1, 2007. The courts have recognized an exception when the liability insurance is statutorily required, and arguably for the benefit of the claimant, such as compulsory auto insurance or workers compensation. . New Orleans, LA 70130 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. <>>>
Through the years, many family lawyers have recommended taking additional steps to assure the sanctity of a partition agreement, including initiating a declaratory judgment action to seek a. 1995, no writ); Employers Cas. When to file is often determined by what is at issue. The court remanded for consideration of these factors. Declaratory relief is an especially appropriate method for resolving coverage disputes, because of the limited options available for resolution of such disputes. TO PREVENT COSTLY LITIGATION, LOSS, DEBT, DAMAGE, AND PENALTIES: It should be the primary purpose of the State to save its citizens from injury, debt, damage and penalties; and to this end the highest function of the court ought to be to decide, when possible, the controversies of parties before any loss has been suffered or any offense committed. ~Uniform Declaratory Judgments Act Reasons for Adoption 1922. R. CIV. See, e.g., State Farm Fire & Cas. at 332. Co., 996 S.W.2d 207 (Tex. to prevent: 1. litigation, 2. loss, 3. debt, 4. damage (injury), and 5. penalties! See, e.g., State Farm Lloyds v. Rule 57, FED. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. App.Austin 1999, no pet.) h.). Sec. Westport v. Atchley, Russell, Waldrop & Hlavinka, 267 F. Supp. Issues also arise, when the underlying case is still proceeding, as to the extent to which the insurer can discover information which could also be relevant, and potentially damaging, in the underlying liability suit. It has long been recognized that Texas law does not allow recovery of attorneys fees unless authorized by statute or contract. App.Dallas 2000, pet. 2000) (staying declaratory action because of motion to join insurer in state court liability suit). Sec. 1 Justice Smith was perhaps prescient in his dissent, concluding that a justiciable controversy existed. Acts 1985, 69th Leg., ch. Arbitration is not used very often in Texas family law cases. Declaratory Judgment. 1992), cert. 2201-2202 . Auto. Austin, TX 78746 FAM. 1995), the court held a minor, whose interests were affected, was properly made a party to a declaratory judgment action, and was bound by the judgment where the minors mother answered, as next friend, and a guardian ad litem was appointed. The policy provided limits of $100,000 per occurrence and $200,000 in the aggregate. The court in Griffin relied upon a change in the Texas Constitution, expanding the scope of district court jurisdiction and eliminating the minimum amount in controversy. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Texas Uniform Declaratory Judgments Act, You can get sample motions here: Declaratory Relief Declaratory Judgment and Rights. A fee award is not mandatoryunder the UDJA . There are exceptions, however, (1) when conduct estops a party from asserting prior active jurisdiction; (2) where parties are lacking; or (3) where there is lack of intent to prosecute. Code, applied to breaches of an insurance agreement, this question was resolved by the Texas Supreme Court, on a certified question from the Fifth Circuit, in Grapevine Excavation, Inc. v. Maryland Lloyds, 35 S.W.3d 1 (Tex. APP. (B) asserts a claim that the party seeking declaratory relief is required to collect sales or use taxes for that state based on conduct of the business that occurs in whole or in part within this state. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. App.San Antonio 1998, pet. The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed . Irwin settled with Alonso's insurance carrier for the $30,000 policy limit. dYU1oprU.:1FlU;{~_%uIMT6cHE 7o1E-j=E.s nR&%*%")QmLd~s`MF_]jd%DhjP1h 4
z#G?o 0Xj[f e /R&K(KX K$ TBu /5v+nA%. 37.002. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. For our purposes, "litigation" refers to the filing and prosecuting of a real estate-related lawsuit, or defense against one, in the Texas county civil courts at law or the civil district courts. There is a contract, and a dispute over the parties rights and obligations under the contract. (2) the decisions of other courts interpreting Section 8, Article I, United States Constitution. App.San Antonio 1965), affd, 396 S.W.2d 855 (holding state court had no jurisdiction to render advisory opinion while prior suit was pending on appeal in Fifth Circuit, despite federal courts voluntary stay). Co. v. Louisiana Farm Bureau Fedn, Inc., 996 F.2d 774, 778 (5th Cir. for Declaratory Judgment at 3. 1998). 7531-7541. App.Corpus Christi 1998), revd on other grounds, 995 S.W.2d 675 (Tex. The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state: The purpose of the Act and its effect is to enable the citizen to procure from a court guidance which will keep him out of trouble and to procure that guidance with materially less expense than he would have to incur if he should wait until the trouble came before having recourse to the court.[iv], It concerns itself not only with contracts, but withrespect to titles to property, and particularly with the status of family relations, man and wife, parent and child, guardian and ward, and also with provisions of trust.[v], This act is declared to be remedial; its purpose it to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.[vi], Sec.