Judgment and decree are legal terms used in the court of law. Laws are a body of rules created and implied by a country.
The laws are procedural, practised, and executed, and the implementation reflects how fundamental rights and duties are recognized.
Key Takeaways
- Judgment is the final decision of a court in a legal case, while a decree is a court’s official order or decision that resolves a specific issue or dispute.
- Judgment determines the rights and obligations of the parties involved in a case, while a decree enforces those rights and obligations.
- Judgment can be appealed, while a decree is final and binding.
Judgement vs Decree
A judgment is a decision given by a court at the conclusion of a litigation that can be favorable to one party or the other, it may involve monetary damages, an injunction, or other relief as the court deems suitable. A decree is a court order explaining the particular conditions of the judgment that the parties must do to comply with the ruling.
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The judgment can also be called an order. In other words, a judgment is an announcement made by defining both the parties’ presented cases on the bases of the history of the case and the finding of the court.
The decree relates to explaining the judgment in its parts as a synopsis. The synopsis is an overview given to the plaintiff and defendant.
A plaintiff is a party who has put the case or raised a complaint. A defendant is the other party at the receiving end.
Comparison Table
| Parameters of Comparison | Judgment | Decree |
|---|---|---|
| Dealing- legal rights of Parties | The procedure of legal rights | Presents the sustentative legal rights |
| Clarity on rights | The rights are not clearly stated | All the rights of both parties are stated |
| Type | It’s final | Preliminary, partly preliminary or can be partly final |
| Appeal | Judgment is non-appealable | A decree can be appealed |
| Meaning | It’s an announcement of the decision taken | It’s an official declaration and explanation of the plaint’s rights. |
What is Judgement?
A judge or a panel of judges is a public officer who hears different cases and appeals under their jurisdiction. They take different takes of plaintiff and defendant based on the proceedings and finding based on factual evidence provided by applying the laws of the given country.
Judgment is the decision the judge takes as part of the legislative body through the mentioned parameters.
One or more judgments can be pronounced depending on the case severity and the pertaining aspects. The jurisprudence is stated in section 2 (14) in the code of civil procedure act of 1908.
What is Decree?
A decree is the final part of the judgment pronounced. The judge passes a judgment based on their sound understanding of jurisprudence.
The decree is that part which gives out the legal rights the party at the receiving end has to seek other help in terms of going to the higher courts or reopening their case for further investigations.
Simply put, a decree is a legal right in written and verbal explanation as per the understanding given in Section 2 (2) of the code of civil procedure act of 1908. Also, the decree is only one.
Legal rights cannot be changed.
Main Differences Between Judgement and Decree
Meaning
Taking the explanation ahead from ‘what is meant by judgment’, judgment is the act of announcement of the decision of the court based on the legal parameters understood between the plaintiffs and defendant in a trial or an appeal court.
If required, the decree is subjected to further proceedings based on the understanding that the judge would narrate the ascertainment of further rights. The proper submission and detailing of a suit are essential.
Dealing- legal rights of Parties
A judgment has more to deal with factual evidence and its representations and is not involved in what legal rights to the parties entail too. Abiding by constitutional understanding, everyone has equal rights per the civil codes of law.
But judgment is merely a final verdict based on jurisprudence and case hearings. The decree is the final part of the judgment, which deals with rights.
Hence we can say that judgment also deals with rights at a written level. The explanation is done through the announcement of a decree.
Clarity on rights
A judgment is also crispy, to the point, and irrevocable hence the rights are not spelt out when the judgment is given.
But the Decree is mainly an ascertaining of the detailed rights of the plaintiff based on their case future decided by the judge through their pronounced judgment. A decree narrates both parties’ rights in a court of law.
The decree is partly shared or completely; it depends. But the judgment has to be read out to its actuality.
Type
Judgment has more to do with the step-by-step procedures from the understanding and conclusion derived from the hearing of both the parties involved.
The decree presents the represented judgment through the substantive announcement of the legal, fundamental, constitutional and any other applicable rights the plaintiff and defendant can avail.
Appeal
The court’s judgment cannot be appealed or cross-questioned in that particular court of law. The appeal can be done by going to the higher court in the hierarchy but not at that moment.
The Decree can be appealed to get clarity on the rights unclear.
A decree can or may not be appealable. In short, a judgment cannot be appealed, while a decree can be appealed.
- https://legal-dictionary.thefreedictionary.com/decree
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/orglr38&div=29&id=&page=
- https://www.sciencedirect.com/science/article/pii/S0956053X00001033
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Emma Smith holds an MA degree in English from Irvine Valley College. She has been a Journalist since 2002, writing articles on the English language, Sports, and Law. Read more about me on her bio page.
