Difference between Order and Decree – Understanding Legal Terminology
Legal terminology can be confusing, and many terms may seem interchangeable, but they have distinct meanings. Two such terms that are often used interchangeably are ‘order’ and ‘decree’. While they might seem similar, they have different legal consequences and are issued at different stages of a legal case.
What is an Order?
An order is a directive issued by a court that can either be administrative, procedural, or substantive in nature. It can be an interlocutory order or a final order. An interlocutory order is issued during the pendency of a case and is not the final decision of the matter. This order can be changed or modified later.
For example, if a party asks for an injunction against another party, the court may issue an interlocutory order that stops the other party from doing something until the final decision is made. If the court finds later that the injunction was unnecessary, it can modify or lift the order.
A final order, on the other hand, is the conclusive decision of the court on the matter. It conclusively resolves the subject matter of the case, and unless the order is appealed successfully, the matter comes to closure.
What is a Decree?
A decree, in contrast to an order, is a final decision of the court. It is the judgment given by a court that finally determines the rights of the parties. Decrees are often used in family law cases, where the parties are seeking a divorce or a dissolution of marriage, and there are issues of child custody, property division, and spousal support.
For example, if a couple is seeking a divorce, a decree will be issued by the court that specifies the terms and conditions of the divorce, such as custody, child support, visitation, and property distribution. This decree becomes final if there are no appeals.
Difference between Order and Decree
The main difference between an order and a decree is their legal effect. An order is a temporary or interim directive that can be modified or lifted later. In contrast, a decree is a conclusive judgment that finally determines the parties’ rights, and it becomes final unless successfully appealed.
Moreover, orders can be issued at any stage of a case, while decrees are only issued as a final judgment. Orders can be procedural, administrative, or substantive, while decrees usually decide substantive issues, such as child custody, property division, or spousal support.
Conclusion
Understanding legal terminology is essential in comprehending court proceedings, and the differences between order and decree are crucial. While both are directives of the court, they have different legal effects and are issued at different stages of a case. Knowing the difference between them can help parties to understand the court’s decision and to take appropriate legal action if necessary.
Table difference between order and decree
| Order | Decree |
|---|---|
| An authoritative instruction or command. | A decision made by a court of law, typically relating to the distribution of assets or the granting of a divorce. |
| Issued by a person or organization with authority. | Issued by a court with jurisdiction. |
| Can be issued by a government agency, a judge, or other authorized officials. | Typically issued in the context of a legal proceeding, such as a divorce or bankruptcy case. |
| May be temporary or permanent. | Usually permanent and enforceable. |
| May be appealed or modified by higher authority. | May only be appealed or modified by a higher court or the same court that issued the decree. |