Decree - sustany/dvg GitHub Wiki

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)