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decree

  (dĭ-krē') pronunciation
n.
  1. An authoritative order having the force of law.
  2. Law. The judgment of a court of equity, admiralty, probate, or divorce.
  3. Roman Catholic Church.
    1. A doctrinal or disciplinary act of an ecumenical council.
    2. An administrative act applying or interpreting articles of canon law.

v., -creed, -cree·ing, -crees.

v.tr.

To ordain, establish, or decide by decree. See synonyms at dictate.

v.intr.

To issue a decree.

[Middle English decre, from Old French decret, from Latin dēcrētum, principle, decision, from neuter past participle of dēcernere, to decide : dē-, de- + cernere, to sift.]

decreeable de·cree'a·ble adj.
decreer de·cre'er n.
 
 

An order issued by one in authority; a court order or decision.

 

An order issued by one in authority; a court order or decision.
Example: The court issued a decree stating that Abel owed $10,000 to Baker for failing to perform under a Contract.

 
Thesaurus: decree

noun

  1. A principle governing affairs within or among political units: canon, edict, institute, law, ordinance, precept, prescription, regulation, rule. See law.
  2. An authoritative or official decision, especially one made by a court: determination, edict, judgment, pronouncement, ruling. See law.

verb

  1. To set forth expressly and authoritatively: dictate, fix, impose, lay down, ordain, prescribe. Idioms: call theshotstune, lay it on the line. See over/under.
  2. To make a decision about (a controversy or dispute, for example) after deliberation, as in a court of law: adjudge, adjudicate, arbitrate, decide, determine, judge, referee, rule, umpire. See decide/hesitate, law.

 
in law, decision of a suit in a court of equity. It is the counterpart in equity of the judgment in a court of law, although in those jurisdictions where law and equity have merged, judgment is sometimes used to include both. The difference between the two, however, is fundamental. A judgment must be unconditionally for one party or another, but a decree is adaptable to the peculiar necessities of each case and may include rights and duties of both parties. A decree may impose conditions on its enforcement upon either party. The decree may act against the person of the defendant; it is not restricted to the award of money damages. It may contain an injunction against the performance of certain acts. One of the most familiar of the decrees given by courts of equity is the decree of divorce, adjudicating the dissolution of a marriage and awarding alimony. Decrees are enforced by proceedings for contempt of court.


 
This entry contains information applicable to United States law only.

A judgment of a court that announces the legal consequences of the facts found in a case and orders that the court's decision be carried out. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all the points in issue, and determining the rights of all the parties to the suit, according to equity and good conscience. It is a declaration of the court announcing the legal consequences of the facts found. With the procedural merger of law and equity in the federal and most state courts under the Rules of Civil Procedure, the term judgment has generally replaced decree.

A divorce decree sets out the conclusions of the court relating to the facts asserted as grounds for the divorce, and it subsequently dissolves the marriage.

Decree is sometimes used interchangeably with determination and order.

 
Word Tutor: decree
pronunciation

IN BRIEF: n. - A legally binding command or decision entered on the court record (as if issued by a court or judge) v. - Decide with authority; Issue a binding command.

Tutor's tip: The mayor's "decree' (a legal or religious order) reduced the "degree" (the extent or amount of something) of graffiti downtown.

 
Wikipedia: decree

A decree is an order made by a head of state or government and having the force of law. The particular term used for this concept may vary from country to country — the executive orders made by the president of the United States, for example, are decrees. In non-legal English usage, however, the term rule by decree refers to any authoritarian decision and in this sense is often derogatory.

Imperial Decree

An imperial decree is a decree issued by a sovereign ruler, such as an emperor, king, or similarly styled person. Imperial decrees from monarchial times differ from decrees issued by heads of state in modern democracies in that they embodied a force of law that was subject to no limitations either by other branches of government, or through the democratic process.

Russia

After the Russian Revolution, a government proclamation of wide meaning was called a "decree" (Russian: декрет, dekret); more specific proclamations were called ukaz. Both terms are usually translated as 'decree'.

According to the Russian Federation's 1993 constitution, an ukaz is a Presidential decree. Such ukazes have the power of laws, but may not alter the Russian constitution or the regulations of existing laws, and may be superseded by laws passed by the Federal Assembly. The Government of Russia can also issue decrees which will not contradict the constitution/laws or presidential decrees.

France

See Politics of France.

The word decree (décret) is used as a legal term to describe the most important executive decisions from the President or Prime Minister of France. Those decisions must conform to the Constitution and statutes of France, and it is possible to sue for their cancellation in the Conseil d'État. They require ratification by the Parliament to be changed into laws. Decree-laws, usually considered an illegal practice under the 3rd and 4th Republic, were finally replaced by the ordinance procedure since the 1958 constitution.

Outside of the exceptional reserve powers of the President (as stated in Art 16 of the 1958 constitution, exercised only once so far), the executive can issue decrees in areas that the Constitution grants to the responsibility of Parliament only if the a law authorizes it to do so. In other cases, the decrees are illegal and will be cancelled by the Conseil d'État, should somebody sue. There exists a procedure for the Prime Minister to issue ordinances in such areas, but this procedure requires the expressed consent of Parliament (see Art 38 of the 1958 constitution).

Decrees of the Prime Minister are of the two following kinds:

  • simple decrees (décrets simples);
  • decrees in the Council of State (décrets en Conseil d'État), when a statute mandates the advisory consultation of the Conseil d'État.

Sometimes, people refer to décrets en Conseil d'État improperly as décrets du Conseil d'État. This would imply that it is the Conseil d'État that takes the decree, whereas the power of decreeing is restricted to the President or Prime Minister; the role of the administrative sections of the Conseil is purely advisory.

Decrees may be classified into:

Only the prime minister may issue regulatory or application decrees. Presidential decrees are generally nominations, or exceptional measures where law mandates a presidential decree, such as the dissolution of the French National Assembly and the calling of new legislative elections.

Decrees are published in the Journal Officiel de la République Française.

Catholic Church

The Roman Catholic Church uses decrees from the Pope such as a papal Bull, Papal Brief or Motu Proprio as legislative acts.[1]

Other uses of the term

In some jurisdictions, certain types of court orders by judges are referred to as decrees.

External links

All external sites in French unless otherwise noted.

References

  1. ^ Decree. Catholic Encyclopedia. Retrieved on 2007-02-17.

See also


 
Translations: Translations for: Decree

Dansk (Danish)
n. - dekret, befaling, retskendelse
v. tr. - dekretere, forordne, bestemme
v. intr. - udstede en befaling

idioms:

  • decree absolute    endelig skilsmissedom
  • decree nisi    foreløbig skilsmissedom

Nederlands (Dutch)
verordenen, bevelen, verordening, vonnis

Français (French)
n. - (Pol, Relig) décret, (Jur) arrêt, jugement, arrêté (municipal)
v. tr. - (gén, Pol, Relig) décréter que, (Jur) ordonner que, arrêter que, décréter
v. intr. - décréter que, ordonner que

idioms:

  • decree absolute    jugement définitif
  • decree nisi    jugement provisoire de divorce

Deutsch (German)
n. - Dekret, Erlaß, Urteil
v. - dekretieren, verordnen

idioms:

  • decree absolute    endgültiges Scheidungsurteil
  • decree nisi    vorläufiges Scheidungsurteil

Ελληνική (Greek)
n. - διάταγμα, θέσπισμα, προσταγή, (νομ.) δικαστική απόφαση
v. - θεσπίζω, αποφαίνομαι, ορίζω

idioms:

  • decree absolute    τελική απόφαση δικαστηρίου (για διαζύγιο)
  • decree nisi    (νομ.) προσωρινή απόφαση (διαζυγίου)

Italiano (Italian)
decretare, decreto, sentenza

idioms:

  • decree absolute    sentenza definitiva
  • decree nisi    sentenza provvisoria

Português (Portuguese)
n. - decreto (m)
v. - decretar(-se), ordenar(-se)

idioms:

  • decree absolute    decreto (m) final permitindo novo casamento (Jur.)
  • decree nisi    decreto (m) judicial provisório

Русский (Russian)
распорядиться, издать указ, указ, решение суда

idioms:

  • decree absolute    окончательное решение (о разводе)
  • decree nisi    предварительное решение (о разводе)

Español (Spanish)
n. - decreto, sentencia, fallo, veredicto
v. tr. - decretar
v. intr. - decretar, sentenciar, fallar

idioms:

  • decree absolute    sentencia definitiva de divorcio
  • decree nisi    sentencia provisional de divorcio

Svenska (Swedish)
n. - dekret, påbud
v. - påbjuda, bestämma

中文(简体) (Chinese (Simplified))
法令, 命令, 政令, 判决, 裁定, 教令, 赦令, 天意, 天命, 颁布, 注定, 颁布命令, 决定

idioms:

  • decree absolute    绝对判决
  • decree nisi    中间裁定, 附有一定期限

中文(繁體) (Chinese (Traditional))
n. - 法令, 命令, 政令, 判決, 裁定, 教令, 赦令, 天意, 天命
v. tr. - 頒佈, 判決, 裁定, 命令, 注定
v. intr. - 頒佈命令, 注定, 決定

idioms:

  • decree absolute    絕對判決
  • decree nisi    中間裁定, 附有一定期限

한국어 (Korean)
n. - 판결, 법령, 계명
v. tr. - (율령을) 널리 알리다, (신이) 운명 짓다, 판결하다
v. intr. - 율령을 널리 알리다

日本語 (Japanese)
n. - 法令, 判決, 命令
v. - 布告する, …せよと命じる, 定める

idioms:

  • decree absolute    離婚確定判決
  • decree nisi    離婚仮判決

العربيه (Arabic)
‏(الاسم) حكم قضائي, أمر صادر عن سلطه أو نفوذ قانوني (فعل) يصدر حكما قضائيا‏

עברית (Hebrew)
n. - ‮צו, פקודה, פסק-דין‬
v. tr. - ‮פסק, הוציא צו, גזר‬
v. intr. - ‮צו, פקודה, פסק-דין‬


 
 

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2007. Published by Houghton Mifflin Company. All rights reserved.  Read more
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