Order

Order in the United States

Contents:

A written directive, issued by a judge, that can require a wide range of actions. An order may stand alone or be issued in support of a judgment or decision. An order is obtained from a court by motion. Orders are either final or temporary. A final order resolves the substantive question(s) contained in the case and concludes the legal action. Appeal may be sought from a final order. A temporary order, on the other hand, focuses only a component or intervening issue and does not finally resolve a dispute. Such an order is called an interlocutory order.

See Also

Decree (Civil Process) Injunction (Civil Process) Judgment (Civil Process).

Analysis and Relevance

An order can be used to address either the central or an incidental issue in a case. An order can be issued to conclude an action at some preliminary point. An order is commonly used at the conclusion of civil actions as a means of executing a judgment. If a jury decides a plaintiff is entitled to damages, that judgment is often supported by an order to pay if the defendant fails to comply voluntarily. An example of an interlocutory order is the temporary restraining order. A restraining order prohibits a defendant from performing a particular act (or acts) until a hearing is held.

Notes and References

  1. Definition of Order from the American Law Dictionary, 1991, California

Order Definition

Command; direction. An informal bill of exchange or letter of request requiring the party to whom it is addressed to deliver property of the person making the order to some one therein described. A designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. This order, in the case of negotiable paper, is usually by indorsement, and may be either express, as, Pay to C. D., or implied merely, as by writing A. B. (the payee’s name). See Indorsement. In French Law. The act by which the rank of preferences of claims, among creditors who have liens over the price which arises out of the sale of an immovable subject, is ascertained. Dalloz. In Governmental Law. By this expression is understood the several bodies which compose the state. In ancient Rome, for example, there were three distinct orders, namely, that of the senators, that of the patricians, and that of the plebeians. In the United States there are no orders of men; all men are equal in the eye of the law. See Rank.

Order in Foreign Legal Encyclopedias

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Legal Issue for Attorneys

Command; direction. An informal bill of exchange or letter of request requiring the party to whom it is addressed to deliver property of the person making the order to some one therein described. A designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. This order, in the case of negotiable paper, is usually by indorsement, and may be either express, as, Pay to C. D., or implied merely, as by writing A. B. (the payee’s name). See Indorsement. In French Law. The act by which the rank of preferences of claims, among creditors who have liens over the price which arises out of the sale of an immovable subject, is ascertained. Dalloz. In Governmental Law. By this expression is understood the several bodies which compose the state. In ancient Rome, for example, there were three distinct orders, namely, that of the senators, that of the patricians, and that of the plebeians. In the United States there are no orders of men; all men are equal in the eye of the law. See Rank.

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Notice

This definition of Order Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Order as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A decision issued by a court. It can be a simple command for example, ordering a recalcitrant witness to answer a proper question during a trial or it can be a complicated and reasoned decision made after a hearing, directing that a party either do or refrain from doing some act.

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Federal primary materials about Order by content types:

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Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

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Legislative history traces the legislative process of a particular bill (about Order and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Order or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Order and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Order. Finding these decisions can be challenging. In many cases, researchers about Order should check state agency web sites for their regulations, decisions, forms, and other information of interest.

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State opinions of the Attorney General (official written advisory opinions on issues of state law related to Order when formerly requested by a designated government officer):

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