Also known as:decrees · decreed · decreeing · decreet · judgment · order
Written by attorneys · grounded in primary & secondary sources — see below
A formal judicial decision or order issued by a court. It functions as the equivalent of a judgment and may be final or interlocutory.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Burglary Breaking Element
Darius Dixon pries open a closed but unlocked window to enter a home at night intending to steal jewelry. The court issues a decree finding that the minimal force used satisfies the breaking requirement for common-law burglary.
Foreclosure Deficiency Judgment
Dover Bank conducts a foreclosure sale of Destiny Davis's mortgaged property. The sale price falls short of the debt, so the court enters a decree awarding the bank a deficiency judgment against Davis for the difference.
Revenue Bill Origination
The House passes a tax bill that the Senate amends before sending it to the President. After the President vetoes the measure, Congress overrides the veto and the court issues a decree declaring the resulting statute valid under the origination clause.
Dustin Donovan's former testimony is offered against him after he refuses to testify despite a court order. The court enters a decree ruling the declarant unavailable and admitting the prior testimony under Rule 804.
Judicial Impartiality Violation
Judge Deborah Dunn allows her financial interest in a litigant to shape her rulings in a contract dispute. The appellate court issues a decree vacating the judgment on the ground that the judge permitted personal interests to influence her conduct.
Attorney Disclosure Obligation
Dillon Energy's lawyer learns of a court order requiring production of client files in a regulatory proceeding. The court enters a decree compelling disclosure to comply with the order while protecting privileged material.
Common questions
Frequently Asked
3
How does a decree differ from a judgment?+
A decree is the traditional term for a court's final decision in equity, probate, divorce, or admiralty cases, while a judgment is the term used in courts of law. Modern practice often treats the two as functionally equivalent.
Supporting sources
When is a decree considered final rather than interlocutory?+
A decree is final when it resolves all issues between the parties and leaves nothing for further judicial action. An interlocutory decree decides only some matters and contemplates additional proceedings.
Supporting sources
In which proceedings is the term decree still commonly used?+
The term decree remains common in divorce, probate, equity, and admiralty cases even though many jurisdictions now use judgment interchangeably.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…than by any other person. It was doubted whether an action of detinue would be a specific legal remedy for the commission. The judgment in detinue is for the thing itself or its value. The value of a public office not to be sold is incapable of being ascertained; the applicant has a right to the office itself or to nothing.…