Decree

The word decree is another legal term that comes from Latin by way of Norman French. The original word was decre, which ultimately derives from the Latin decretus, meaning "[it is] decided."

In legal terms, a decree is simply an order from a head of state or a judge that has the force of law. In the U.S., the Presidential "executive order" is one example; well-known executive orders in U.S. history include Abraham Lincoln's Emancipation Proclamation, which made slavery illegal in the Confederate states (although not in the Union states of Kentucky and Maryland) and Franklin Roosevelt's Executive Order 9066 delegating authority to the military to remove those with ethnic ties to hostile nations (which included those of German and Italian ancestry as well as Japanese Americans) from military zones during the Second World War. Constitutional scholars are of the opinion that this power has been misused and abused, particularly in recent years. In fact, there is nothing in the U.S. Constitution that explicitly gives the president such authority, and is only referred to in vague terms in Article II, Sections 1 & 3.

When it comes to the courts, a judicial decree also has the force of law - but only insofar as it relates to the case at hand. It is more often called a court order or court ruling. A divorce decree is a common example, as is a restraining order or an award of the custody of a child. In criminal cases, the sentence is considered a decree.

Essentially, a decree defines the legal relationships between the various parties to a court action. A decree may do nothing more than set a trial date, or it may have the effect of redefining the terms of contracts between large, global corporations. A decree/court order can be issued during the proceeding, in which case it is considered interim, or at its conclusion (as in the case of sentencing or awarding damages), when it is considered final.

 

 

 

 

 
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