Decree

Decree in the United States

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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

  1. 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); 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.

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See Also

  • Legal Topics.
  • 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 nod, 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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