Decree in the United States
A court judgment issued in the exercise of its equity power. A decree is based on a fact judgment of a court and directs what must happen to give effect to a decision. The purpose of a decree is to enable a court to fashion relief that is uniquely suited to the case. The decree allows the court not only to render a judgment on behalf of one of the parties, but also to govern execution of the remedy in an attempt to achieve the most just outcome.
See Also
Equity Jurisdiction (Civil Process) Judgment (Civil Process) Order (Civil Process).
Analysis and Relevance
Like orders, decrees are either final or interlocutory. A final decree resolves all questions raised in a case. Once a final decree is entered, no further judicial action is required. An interlocutory decree is of an interim character. It does not resolve a dispute but rather addresses a matter that needs attention in preparation for arriving at a final decree. There are several types of specialized decrees, including the consent decree. A consent decree is based on an agreement between the parties. The agreement is obtained under the auspices of the court, but is not the product of full adjudication of the facts.
Notes and References
- Definition of Decree from the American Law Dictionary, 1991, California
Decree Definition
In Practice. The judgment of sentence of a court of equity, or of admiralty. It corresponds to the judgment of a court of law. It is either interlocutory or final. The former is given on some plea or issue arising in the cause which does not decide the main question; the latter settles the matter in dispute; and a final decree has the same efTect as a judgment at law. 2 Madd. 462; 1 Chanc. Cas. 27; 2 Vern. 89; 4 Brown, Pari. Cas. 287. See 7 Viner, Abr. 394; 7 Comyn. Dig. 445; 1 Belt, Supp. to VeS. 223; Bouv. Inst. Index. In Legislation. In some countries, as in France, some acts of the legislature or of the sovereign, which have the force of law, are called decrees; as, the Berlin ana Milan decrees. In Scotch Law. A final judgment or sentence of court, by which the question at issue between the parties is decided.
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Legal Issue for Attorneys
In Practice. The judgment of sentence of a court of equity, or of admiralty. It corresponds to the judgment of a court of law. It is either interlocutory or final. The former is given on some plea or issue arising in the cause which does not decide the main question; the latter settles the matter in dispute; and a final decree has the same efTect as a judgment at law. 2 Madd. 462; 1 Chanc. Cas. 27; 2 Vern. 89; 4 Brown, Pari. Cas. 287. See 7 Viner, Abr. 394; 7 Comyn. Dig. 445; 1 Belt, Supp. to VeS. 223; Bouv. Inst. Index. In Legislation. In some countries, as in France, some acts of the legislature or of the sovereign, which have the force of law, are called decrees; as, the Berlin ana Milan decrees. In Scotch Law. A final judgment or sentence of court, by which the question at issue between the parties is decided.
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Notice
This definition of Decree Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
The judicial decision of a litigated cause by a court of equity (in U.S. law). See also judgment (in U.S. law); interlocutory decree (in U.S. law).
What is Decree?
For a meaning of it, read Decree in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Decree.
Meaning of Decree
In plain or simple terms, Decree means: A decision or order of the court. A final decree is one which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree which is not final.
Resources
See Also
Further Reading (Articles)
Decree of Separation: A lifted consent decree leaves many critics at a difficult crossroad, Pittsburgh City Paper; October 2, 2002; Anonymous
DECREES NO LONGER ARE CAST IN STONE COURT MAKES CHANGES EASIER, Post-Tribune (IN); January 16, 1992
Judicial Decree to Terminate the Validity of Lost Bills of Lading-Usefulness and Jurisdiction, Journal of Maritime Law and Commerce; October 1, 2008; Takahashi, Koji
Decrees on Ending State of Emergency, Abolishing SSSC, Regulating Right to PeacefulDemonstration. Syrian Arab News Agency (SANA); April 21, 2011
Kaleidoscopic Consent Decrees: School Desegregation and Prison Reform Consent Decrees after the Prison Litigation Reform Act and Freeman-Dowell, Brigham Young University Law Review; January 1, 2003; Baradaran-Robison, Shima
Financial decrees get Parliament n
od, NATION, The Nation (Thailand); May 26, 1998
Consent Decrees: Effect on Consumers, Companies, and Investors, Pharmaceutical Technology; March 1, 2004; Chrai, Suggy S Burd, Michele
Royal Decrees. Oman News Agency; March 23, 2011
Decree 102 Implementing the Law on Enterprises. Mondaq Business Briefing; November 9, 2010
Khalifa Issues Decrees, States News Service; July 15, 2013
Royal Decrees, Oman News Agency; October 22, 2013
ROYAL DECREES, Info-Prod Research (Middle East); January 14, 2010
Royal Decrees…………Part-2, Oman News Agency; October 23, 2013
Decree 64 opens the throttle on SOE equitisation, THE VIETNAM INVESTMENT REVIEW, Vietnam Investment Review; September 2, 2002
Decree Revising Rule on Land Rent and Water Surface Rent. Mondaq Business Briefing; March 1, 2011; Nguyen, Dao
Royal decrees restructure Diwan of Royal Court. Times of Oman (Muscat, Oman); April 30, 2008
Decree on Tendering and the Selection of Construction Contractors Amended, Mondaq Business Briefing; October 3, 2012
After the Consent Decree – an Uphill Battle for Affected Companies, Biopharm International; June 1, 2004; Chrai, Suggy S Burd, Michele
CONSENT DECREE REPORT MIXED, Daily News (Los Angeles, CA); February 16, 2002; Rick Orlov Staff Writer
New Decree on Quality Management of Construction Works in Vietnam, Mondaq Business Briefing; April 25, 2013
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