DECREE

9 definitions found across Law Mind sources

DECREEAuthored
The Law Mind • 1539 words
Definition
A decree is a formal judicial determination issued by a court, historically specific to courts of equity, admiralty, and probate, as distinguished from the judgment of a court of common law. It resolves the rights of the parties to a suit on the merits and directs what shall be done or refrained from doing. Three primary legal uses: 1. Equity. The final determination of a court of equity, resolving all points in issue and declaring the rights of all parties according to equitable principles. Unlike a common law judgment — which historically ran simply for the plaintiff or defendant with no qualifications — a decree in equity could impose conditions, require ongoing performance, address partial entitlements, and shape the relief to the precise justice of the case. 2. Admiralty. The judgment of an admiralty court, carrying the same operative force as a decree in equity and used in the same technical sense to distinguish the output of that specialized tribunal from common law judgments. 3. Probate. The formal order of a court of probate determining matters of estate administration, will validity, or the rights of heirs and creditors.
Common Language
Modern common usage (Wiktionary): An edict or law issued by one having authority; also, a predetermination by God or providence. Historical common usage (Webster's 1913): An order from one having authority deciding what is to be done; a determination having the force of law; an authoritative ruling. Editorial note: In ordinary usage, decree suggests executive or sovereign command — a ruler issues a decree. In law, the word carried a more precise institutional meaning: it was the output of specific court systems (equity, admiralty, probate), not a synonym for any authoritative order. A researcher encountering decree in a historical legal source should not assume it merely means "court order" in the modern generic sense; it signals the particular procedural and jurisdictional world of equity or admiralty practice.
Common Confusion
Decree vs. Judgment: Historically these were distinct. Judgment was the determination of a court of common law; decree was the determination of a court of equity or admiralty. The distinction tracked the division between the two great systems of English law. With the merger of law and equity in most American jurisdictions — federally under the Federal Rules of Civil Procedure (1938) and in most states over the following decades — the procedural distinction collapsed. Courts of merged jurisdiction now enter "judgments" covering all matters. The word decree persists, however, in specific contexts: divorce decrees, adoption decrees, and consent decrees remain in active use and carry their own bodies of doctrine. A researcher must recognize that the presence of decree in a pre-merger source places the proceeding firmly in equity or admiralty, while the same word in a post-merger source likely reflects either survival of historical terminology or a specific doctrinal category. Decree vs. Order: Even within equity practice, not every court directive was a decree. An interlocutory order resolved a procedural or subsidiary matter without finally determining the cause. A decree — and especially a final decree — resolved the cause itself. The line between the two was (and remains, in contexts like appellate jurisdiction) practically significant.
Recognized Forms
/SUBTYPES Interlocutory Decree: A decree issued during the course of proceedings that does not finally dispose of the cause. It may resolve a discrete issue or provide interim relief while the matter remains pending. Interlocutory decrees were generally not immediately appealable under the traditional rule limiting appeals to final decrees. Final Decree: The decree that fully and finally adjudicates all rights of all parties, leaving nothing further for the court to do to resolve the controversy. The question of what constitutes a final decree was, as Bouvier notes, one of constant occurrence and importance for appellate jurisdiction, and it retains that importance today under modern finality rules. Consent Decree: A decree entered by the court that embodies an agreement of the parties. It has the binding force of a court order while reflecting negotiated terms. Consent decrees are common in regulatory enforcement, antitrust, and civil rights litigation. Divorce Decree: The final judicial order dissolving a marriage and resolving ancillary matters (property, support, custody). Subject to modification under standards that vary by jurisdiction and by the type of provision involved.
Why It Matters in Research
The equity/law divide is the master key. Any time a researcher encounters decree in a historical American or English source, the first question is jurisdictional in the old sense: which court system issued this, and what procedural rules governed it? Equity procedure was not common law procedure. Discovery, standing, joinder, the role of the chancellor — all differed. A decree from a court of equity carried distinct enforcement mechanisms (contempt, primarily) and was not subject to the same rules of collateral attack as a judgment at law. Post-merger trap: After the merger of law and equity, treatises, statutes, and cases began using judgment and decree interchangeably, or substituting judgment for decree across the board. A researcher reading modern procedural rules and then looking back at pre-merger sources must resist importing modern usage backward. The reverse error — assuming modern sources preserve the old distinction — is equally misleading. Divorce decree research: The term survives with full doctrinal vitality in family law. Modification of divorce decrees, recognition of foreign divorce decrees, and enforcement of decree provisions are distinct bodies of law with their own standards. The Law Mind Encyclopedia entries on modification and recognition are essential companions for any research touching these issues, particularly given full faith and credit complications for interstate decrees and the separate framework governing foreign (international) decrees. Consent decree research: Consent decrees occupy a hybrid position — they are court orders, but they derive their specific terms from party agreement. Courts interpreting or modifying consent decrees apply a different analysis than courts revisiting litigated decrees. This distinction matters in administrative law and civil rights research. Appellate jurisdiction: The final/interlocutory distinction in the decree context maps onto the final judgment rule in modern appellate practice. Historical equity cases on what made a decree "final" remain relevant to arguments about modern finality under 28 U.S.C. § 1291 and its state analogs.
Historical Dictionary Support
The historical dictionaries converge on the core definition with unusual consistency. Black's (both editions) and Burrill share nearly identical language, defining a decree as the judgment of a court of equity or admiralty answering to the judgment of a court of common law, citing Daniell's Chancery Practice for the equity formulation. Bouvier tracks the same definition but adds the most useful analytical content: his extended comparison between the rigidity of common law judgment (simply for plaintiff or defendant, no qualifications) and the flexibility of equity decree (which could condition relief, impose duties, and reach the true justice of the cause) is the clearest statement of why the distinction existed in the first place. Bouvier also identifies the question of what constitutes a final decree as one of constant recurrence for appellate jurisdiction purposes — a point that has proved durable across the merger and into modern practice. What the historical sources largely omit: consent decrees receive no treatment, reflecting their relatively modern development as a tool of regulatory and civil rights enforcement. The international recognition of foreign decrees is similarly absent, as the doctrinal complexity in that area postdates these dictionaries. Researchers should not expect guidance on those topics from shelf sources.
Jurisdictional Note
Federal courts formally replaced the decree/judgment distinction with a unified "judgment" under the Federal Rules of Civil Procedure (1938). Most states followed, though timing varied and some states retained equity courts or equity dockets longer than others. Family law is the most significant surviving exception: divorce decrees, adoption decrees, and guardianship decrees are standard terminology across virtually all American jurisdictions regardless of merger status.
Encyclopedia Cross-Reference
Divorce — Modification of Divorce Decrees (General Principles) (The Law Mind Family Law Encyclopedia) Divorce — Recognition of Foreign and Interstate Divorce Decrees (Full Faith and Credit) (The Law Mind Family Law Encyclopedia) Family Law — International Family Law — Recognition of Foreign Divorce Decrees (The Law Mind Family Law Encyclopedia)
Related Terms
Judgment — the common law analog to a decree; now the general term in merged jurisdictions Order — a court directive narrower than a final decree; resolves subsidiary matters Consent Decree — decree embodying party agreemententered as a court order Injunction — a form of equitable relief typically issued by decree Final Judgment Rule — modern appellate doctrine tracing to the final decree requirement Equity — the court system that issued decrees; essential context for all historical decree research Admiralty — the other specialized jurisdiction issuing decrees Divorce Decree — the surviving high-usage instance of the term in modern practice Full Faith and Credit — constitutional doctrine governing interstate recognition of decrees Interlocutory Order — contrast with final decree for appellate jurisdiction purposes
DECREEmain
Black's Law Dictionary • 1891
In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and under- standing all the points in issue, and deter- mining the right of all the parties to the suit, according to equity and good conscience. 2 Daniell, Ch. Pr. 986. Decree is the judgment of a court of equity, and is, to most intents and purposes, the same as a judgment of a court of common law. A decree, as distinguished from an order, is final, and is made at the hearing of the cause, whereas an order is interlocutory, and is made on motion or petition. Wherever an order may, in a certain event result- ing from the direction contained in the order, lead to the termination of the suit in like manner as a decree made at the hearing, it is called a "decretal order." Brown. It is either interlocutory or final; the former where it passes upon some plea or issue arising in the cause, but not involving a definitive adjudi- cation of the main question; the latter where it finally determines the whole matter in dispute. In French law. Certain acts of the leg- islature or of the sovereign which have the force of law are called "decrees;" as the Ber- lin and Milan decrees. In Scotch law. A final judgment or sentence of court by which the question at issue between the parties is decided.
DECREEmain
Bouvier's Law Dictionary • 1928
In Practice. The judi- cial decision of a litigated cause by a court of equity. It is also applied to the determination of a cause in courts of ad- miralty and probate. It is accurate to use the word judgment as applied to courts of law and decree to courts of equity, al- though the former term is now used in a larger sense to include both. There is, how- ever, a distinction between the two which is well understood, and may wisely be pre- served as tending to keep before the mind the distinction between the two jurisdic tions quite as fundamental with respect to the final determination of a cause as to the forms of procedure and the principles of jurisprudence applied by the two tribunals. Even the modern tendency of courts of law to avail themselves of equitable forms of procedure and principles of decision has left undisturbed the well-defined line of demar- cation between the judgment at law and the decree in equity. It is well stated by an
DECREEmain
Bouvier's Law Dictionary • 1928
able writer, thus:-"A judgment at law was either simply for the plaintiff or for the defendant. There could be no qualifications or modifications of the judgment. But such a judgment does not always touch the true justice of the cause or put the parties in the position they ought to occupy. While the plaintiff may be entitled, in a given case, to general relief, there may be some duty con- nected with the subject of litigation which he owes to the defendant, the performance of which, equally with the fulfilment of his duty by the defendant, ought, in a perfect system of remedial law, to be exacted. This result was attained by the decree of a court of equity which could be so moulded, or the execution of which could be so controlled and suspended, that the relative duties and rights of the parties could be secured and enforced; " Bisph. Eq. § 7. It necessarily springs from the nature of the chancery jurisdiction that its determi- nations should be cast in a mould differing, toto cœlo, from a judgment at law, and it would hardly be an exaggeration to say that the essential character of the decree, as described by the author quoted, is to be found in the literal application of the funda- mental maxim, "He who seeks equity must do equity." Accordingly, it is said that a court of equity will always reach, by a di- rect decree, what would otherwise be ac- complished by a circuity of proceedings; 4 Del. Ch. 410. And even when a complain- ant is entitled to relief which it is inequi- table to grant except upon a condition to be performed by him springing from an obligation of equity and good conscience, though not from legal right, a chancellor may make a decree only upon such condi- tion; 8 Wall. 557; Bisph. Eq. § 43. In such case, when something remains to be done by the party in order to entitle him to relief, while no present decree can be made, as the decree must be absolute and final and not contingent, the court will enter an inter- locutory decree and suspend the entry of a final decree until the performance of such condition; 8 Del. Ch. 124; and in default thereof in a reasonable time dismiss the bill; 4 id. 43. The doctrine of the wife's equity is a familiar instance of this prin- ciple. Decrees are either interlocutory or final. In the strictest sense all decrees are inter- locutory until signed and enrolled; 2 Dan. Ch. Pr., 6th Am. ed. 987, n. 1; but it is not in this sense that the terms are in practice used. But while there is a distinction well understood it is not always easy of exact definition. The existence of the two classes is, however, necessary in American chan- cery courts, as the right of appeal is fre quently confined to final decrees, as in the federal courts. The former is entered 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 effect as a judgment at law; 2 Madd. 462; 1 Ch. Ca. 27; 2 Vern. 89; 4 Brown, P. C. 287. See 7 Viner, Abr. 394; 7 Comyns, Dig. 445; 1 Belt, Suppl. Ves. 223; 28 Cal. 75, 85. For forms of decrees, see Seton, Decrees; 2 Dan. Ch. Pr. 986. Final Decree. One which finally dis poses of a cause, so that nothing further is left for the court to adjudicate. See 2 Dan. Ch. Pr. 994, n. A decree which determines the particular cause. It is not confined to those which terminate all litigation on the same right; 1 Kent 816. A decree which disposes ultimately of the suit. Ad. Eq. 375. After such decree has been pronounced, the cause is at an end, and no further hearing can be had; id. 888; Beach, Mod. Eq. Pr. 789. Prior to the establishment of the circuit courts of appeals there was an appeal to the United States supreme court only from final decrees of the circuit courts; U. S. Rev. Stat. § 692; and the same is still true of appeals from those courts; U. S. Rev. Stat. 1 Supp. 903; except that special provision is made for an appeal within a limited time from an order granting or refusing an in- junction; id. 904. Accordingly, the ques-
DECREEn.
Websters Unabridged Dictionary (1913) • 1913
An order from one having authority, deciding what is to be done by a subordinate; also, a determination by one having power, deciding what is to be done or to take place; edict, law; authoritative ru "The decrees of Venice." Sh There went out a decree from Cæsar Augustus that all the world should be taxed. Luke ii. 1. Poor hand, why quiverest thou at this decree Shak. A decision, order, or sentence, given in a cause by a court of equity or admiralty. A determination or judgment of an umpire on a case submitted to him. Brande. An edict or law made by a council for regulating any business within their jurisdiction; as, the decrees of ecclesiastical councils.
DECREEv.
Websters Unabridged Dictionary (1913) • 1913
To determine judicially by authority, or by decree; to constitute by edict; to appoint by decree or law; to determine; to order; to ordain; as, a court decrees a restoration of property. Thou shalt also decree a thing, and it shall be established unto thee. Job xxii. 28. To ordain by fate.
DECREEv.
Websters Unabridged Dictionary (1913) • 1913
To make decrees; -- used absolutely. Father eternal! thine is to decree; Mine, both in heaven and earth to do thy will. Milton.
decreenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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An edict or law. | The judicial decision in a litigated cause rendered by a court of equity. | The determination of a cause in a court of admiralty or court of probate. | A predetermination made by God; an act of providence.
decreeverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To command by a decree.

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