DECREE
decree,n.1. Traditionally, a judicial decision in a court of equity, admiralty, divorce, or
probate — similar to a judgment of a court of law < the judge’s decree in favor of the will’s
beneficiary>.2. A court’s final judgment. 3. Any court order, but esp. one in a matrimonial case
<divorce decree>. See JUDGMENT; ORDER(2); DECISION. [Cases: Divorce 152.C.J.S.
Divorce §§ 222, 230–234.]
“The chief differences between decrees in equity and judgments at common law are as
follows: The former are pronounced by courts of equity; the latter, by courts of law. The former
result from an investigation and determination of the rights of the parties by the means provided
and according to the principles recognized in equity jurisprudence; the latter result from an
investigation and determination made by the more limited means and more inflexible rules of the
common law. The former may be adjusted to all the varieties of interest and of circumstance, and
may contain such directions as are needed to carry them into effect, both in letter and in spirit; the
latter are in an invariable form, general in terms, and absolute for plaintiff or defendant. And the
former often enforce rights not recognized by the common law …. The term ‘judgment’ is
frequently used in a broad sense to include decrees in equity.” 1 A.C. Freeman, A Treatise of the
Law of Judgments § 12, at 23–24 (Edward W. Tuttle ed., 5th ed. 1925).
agreed decree.A final judgment, the terms of which are agreed to by the parties.
consent decree.A court decree that all parties agree to. — Also termed consent order. [Cases:
Federal Civil Procedure 2397; Judgment 87. C.J.S. Judgments § 186.]
custody decree.A decree awarding or modifying child custody. • The decree may be included
in the decree for a related proceeding — such as a divorce — or it may be a separate order.
decree absolute.A ripened decree nisi; a court’s decree that has become unconditional because
the time specified in the decree nisi has passed. — Also termed order absolute; rule absolute.
decree absolvitor (ab-zol-vi-t<<schwa>>r or -tor), n. Scots law. A judgment for a defendant,
either by a dismissal of a claim or by an acquittal. — Also termed decreet absolvitor.
decree ad factum praestandum.Scots law. A court order requiring that a party specifically
perform an act, such as to deliver property. See IMPRISONMENT FOR DEBT.
decree arbitral (ahr-bi-tr<<schwa>>l), n. Scots law. 1. An arbitration award. 2. A form for an
arbitration award. — Also termed decreet arbitral.
decree cognitionis causa (kog-nish-ee-oh-nis kaw-z<<schwa>>), n. Scots law. A judgment in
a suit involving a plaintiff creditor suing a debtor’s heir to attach the heir’s lands. — Also termed
decreet cognitionis causa.
decree condemnator (kon-dem-nay-t<<schwa>>r or -tor), n. Scots law. A judgment for the
plaintiff. — Also termed decreet condemnator.
decree dative.Scots law. A decree appointing an executor.
decree nisi (nI-sI). A court’s decree that will become absolute unless the adversely affected
party shows the court, within a specified time, why it should be set aside. — Also termed nisi
decree; order nisi; rule nisi. See NISI.
decree of constitution.Scots law. A judgment declaring the extent of a debt or obligation.
decree of distribution.An instrument by which heirs receive the property of a deceased person.
[Cases: Executors and Administrators 508. C.J.S. Executors and Administrators § 864.]
decree of forthcoming.Scots law. A court order that commands a third party in possession of a
debtor’s property to deliver the property to the creditor for liquidation or satisfaction of a debt. —
Also termed decree of furthcuming
decree of insolvency.A probate-court decree declaring an estate’s insolvency. [Cases:
Executors and Administrators 408–419. C.J.S. Executors and Administrators §§ 693–705.]
decree of locality.Scots law. A Teind Court order allocating what share of a clergyman’s
stipend will be paid by each heir in the parish.
decree of modification.Scots law. A Teind Court order modifying a stipend for the clergy.
decree of nullity.A decree declaring a marriage to be void ab initio. See ANNULMENT;
NULLITY OF MARRIAGE.
decree of registration. 1. A court order that quiets title to land and directs recording of the title.
2.Scots law. CONFESSION OF JUDGMENT.
decree of valuation.Scots law. A decree of the Teind Court determining the extent and value
of a heritor’s teinds.
decree pro confesso (proh k<<schwa>>n-fes-oh).Equity practice. A decree entered in favor of
the plaintiff as a result of the defendant’s failure to timely respond to the allegations in the
plaintiff’s bill; esp., a decree entered when the defendant has defaulted by not appearing in court at D
the prescribed time. — Also termed decree taken pro confesso. [Cases: Equity 417–420.]
“A decree pro confesso in equity is similar to a default judgment in an action at law. If a
defendant in an equity suit fails to answer the plaintiff’s petition within the prescribed time period,
the bill will be taken pro confesso, and a decree entered in favor of the plaintiff …. However,
whereas a default judgment in an action at law effects an admission of pleaded facts and
conclusions of law … a decree pro confesso in an equity action admits only the material and well
pleaded facts in the petition and does not admit the legal claims upon which the plaintiff seeks
relief.” 27A Am. Jur. 2d Equity § 249, at 733–34 (1996).
deficiency decree.See deficiency judgment under JUDGMENT.
divorce decree.A final judgment in a suit for divorce. • A divorce decree dissolves the
marriage and usu. resolves all matters concerning property and children. Generally, matters
concerning children can be modified in a post-divorce action if there has been a substantial change
in circumstances.
final decree.See final judgment under JUDGMENT.
interlocutory decree.See interlocutory judgment under JUDGMENT. [Blacks Law 8th]