Legal Definitions - decree

A decree is an order given by a judge that resolves the issues in a court case. It is similar to a judgment, but there are some differences. Historically, only certain types of courts could make decrees, such as courts of equity, admiralty, divorce, or probate. However, after the passage of the Federal Rules of Civil Procedure, most courts can now consider all remedies, including decrees.

A decree is 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 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.

For example, a consent decree is an agreement between all parties involved in a court case. They agree to follow the order given by the judge. This can be used to settle a dispute without going to trial. Another example is a custody decree, which is an order that determines who will have custody of a child. This can be used in cases where parents are getting divorced and cannot agree on custody arrangements.