Juridical Dictionary

This dictionary contains:
8526
juridical terms

Decree




Decree

1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity.

RELATED TERMS
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Legislation
Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (eg: house of assembly, Congress, Parliament) to write the laws of the land.

Legislature
Government. That body of men in the state which has the power of making laws.

Sovereign
1) A chief ruler with supreme power; one possessing sovereignty. It is also applied to a king or other magistrate with limited powers. 2) English law. The name of a gold coin of Great Britain of the value of one pound sterling.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.

Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.

Sentence
A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal proceedings.

Court
A body in government to which the administration of justice is delegated.

Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".



SIMILAR TERMS
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Decree absolute
The name given to the final and conclusive court order after the condition of a decree nisi is met.

Decree arbitral
Scotch law. A decree made by arbitrators chosen by the parties; an award.

Decree nisi
A provisional decision of a court which does not have force or effect until a certain condition is met such as another petition brought before the court or after the passage of a period time, after which it is called a decree absolute. Although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue A decree nisi, which would have no force or effect until a period of time passed (30 days or 6 months).

Decree of registration
Scotch law. A proceeding by which the creditor has immediate execution.

Decretal order
Chancery practice. An order made by the court of chancery, upon a motion or petition, in the nature of a decree.



PREVIOUS AND NEXT TERMS
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Declaratory judgment
A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights.

Decoction
Medical jurisp. The operation of boiling certain ingredients in a fluid, for the purpose of extracting the parts soluble at that temperature. Decoction also means the product of this operation.

Deconfes
Canon law in France. Formerly those persons who died without confession were so called; whether they refused to confess or whether they were criminals to whom the sacrament was refused.

Decorum
Proper behaviour; good order.

Decoy
A pond used for the breeding and maintenance of water-fowl.

Decree

Decree absolute
The name given to the final and conclusive court order after the condition of a decree nisi is met.

Decree arbitral
Scotch law. A decree made by arbitrators chosen by the parties; an award.

Decree nisi
A provisional decision of a court which does not have force or effect until a certain condition is met such as another petition brought before the court or after the passage of a period time, after which it is called a decree absolute. Although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue A decree nisi, which would have no force or effect until a period of time passed (30 days or 6 months).

Decree of registration
Scotch law. A proceeding by which the creditor has immediate execution.

Decretal order
Chancery practice. An order made by the court of chancery, upon a motion or petition, in the nature of a decree.

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This dictionary contains 8526 terms.







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