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Typically, a consent decree dispenses with the necessity of having proof in court, since by definition the defendant agrees to the order. Thus, the use of a consent decree does not involve a sentence or an admission of guilt. [12] [17] [18] Likewise, the consent decree prevents a finding of facts, so the decree cannot be pleaded as res adjudicata.
A decree (Latin: decretum, from decerno, 'I judge') is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal bull, brief, or motu proprio is a decree inasmuch as these documents are legislative acts of the pope. In ...
Interlocutory / ˌ ɪ n t ə r ˈ l ɒ k j ə ˌ t ɔː r i / is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is ...
An interlocutory decree is a provisional or preliminary decree that is not final and does not fully determine the suit, so that some further proceedings are required before entry of a final decree. [15] It is usually not appealable, although preliminary injunctions by federal courts are appealable even though interlocutory. [16]
An example of an interdict that is not latae sententiae but instead ferendae sententiae is that given in canon 1374 of the 1983 Code of Canon Law: "One who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or moderates such an association, however, is to be punished with an interdict." [24]
A decree (Latin: decretum, from decerno, "I judge") is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal bull, brief, or motu proprio is a decree inasmuch as these documents are legislative acts of the pope. In ...
a number of clerics and prominent lay people in the German church were excommunicated by Papal legate Albert von Behaim after they had proved negligent in carrying out the needed measures to make the sentence of 1239 excommunication against Frederick II, Holy Roman Emperor effective [47]
For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not ...