Written by attorneys · grounded in primary & secondary sources — see below
An archaic judicial act consisting of a sentence or decree handed down by a court.
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Restatements
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How it applies
Common Examples
6
Mineral Conveyance Decree
Preston Pratt executed a recorded deed granting coal rights to his daughter and the heirs of her body. The trial court issued its pronunciation confirming the estate created by the deed. Later descendants relied on that pronunciation to assert ongoing interests in the minerals.
Abortion Regulation Decree
State officials defended a spousal notification requirement in a challenge brought by clinics. The Supreme Court issued its pronunciation striking down the provision as an undue burden. Clinics immediately adjusted their intake procedures in response.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Steel Mill Seizure Decree
The President directed the Secretary of Commerce to seize steel mills during a labor dispute. The district court issued its pronunciation declaring the seizure unauthorized. Mill owners resumed operations under the restored private control.
Youngstown Sheet & Tube Co. v. Sawyer343 U.S. 579 (1952)
Presidential Immunity Decree
A former president faced suit for actions taken while in office. The Supreme Court issued its pronunciation granting absolute immunity for official acts. The district court then dismissed the remaining claims against the former president.
Richard Nixon v. A. Ernest Fitzgerald457 U.S. 731 (1982)
Erie Doctrine Decree
A federal court faced a limitations defense in a diversity action. The court issued its pronunciation applying state law to the timeliness question. The plaintiff’s claim was dismissed under the state rule.
Guaranty Trust Co. v. York[326 U.S.] at 110
Miranda Suppression Decree
A defendant moved to exclude a confession obtained without warnings. The district court issued its pronunciation suppressing the statement under the Fifth Amendment. Prosecutors proceeded with other evidence at trial.
Dickerson v. United States530 U.S. 428 (2000)
Common questions
Frequently Asked
1
What does the term pronunciation mean in older legal texts?+
It refers to an archaic judicial sentence or decree. Courts once used the word to describe the formal pronouncement of judgment or order.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…and benedictions at public high school graduation ceremonies, Lee v. Weisman , 505 U. S. 577 (1992); if, as I say, our pronouncement of constitutional law rests primarily on value judgments, then a free and intelligent people's attitude towards us can be expected to be ( ought to be) quite different. The people know…