decree
A decree is an order handed down by a judge that resolves the issues in a court case . Though a decree is similar to a judgment , it differs in a few key ways:
- Historically, courts of equity , admiralty , divorce , or probate could make decrees while a court of law rendered judgments.
-
After the passage of the
Federal Rules of Civil Procedure
which largely dissolved the distinction between courts of equity and law, most courts can now consider all
remedies
, including decrees.
- Note, however, that a decree is often still referred to as a judgment.
- A decree follows an assessment of the rights of involved parties .
-
In addition, a decree can be used to address a right that is not recognized by
common law
.
- For example, a judge presiding over a court of equity may issue a decree in favor of specific performance as a remedy for a victorious party in a contract case.
- Decrees may also include directions that guide how they are to be applied, which adds to their utility as flexible remedies.
Some other examples of a decree include:
- An interlocutory decree operates as an intermediate judgment issued by a court that is not yet final.
- A consent decree is a court order to which all parties have agreed.
- A decree of distribution is a final court order that distributes a probate estate .
- A final decree is a final judgment in a court case.
- In cases involving child custody , a custody decree is an order that affects or determines the custody of a child.
See e.g., United States v. FMC Corp., 531 F.3d 813 (9th Cir. 2008)
[Last reviewed in September of 2022 by the Wex Definitions Team ]
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