Diferencia entre sentencia y decreto (con tabla)

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 practiced, executed and the implementation reflects on how fundamental rights duties are recognized.

Judgement vs Decree

los difference between a judgment and a decree is that judgment is a decision pronounced by the judge on the grounds that are presented while decree is the official proclamation of that judgment.

The judgment can also be called as an order. In other words, a judgment is an announcement done 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 the explanation of 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 Between Judgement and Decree

Parámetros de comparaciónJudgmentDecreto
Dealing- legal rights of PartiesThe procedure of legal rightsPresents the sustentative legal rights
Clarity on rightsThe rights are not clearly statedAll the rights of both parties are stated
TipoIt’s finalPreliminary, partly preliminary or can be partly final
AppealJudgment is non-appealableA decree can be appealed
SentidoIt’s an announcement of the decision takenIt’s an official declaration and explanation of the rights that the plaint has.

What is Judgement?

A judge or a panel of judges is a public officer who hears different types of cases, appeals under their jurisdiction. They take in accord different takes of plaintiff and defendant based on the proceedings, finding based on factual evidence provided by applying the laws of the given country.

The decision the judge takes as being a part of the legislative body through the mentioned parameters is called judgment.

There can be one or more judgment pronounced depending on the case severity and the pertaining aspects. The jurisprudence is stated in section 2 (14) as given in the code of civil procedure act, 1908.

What is Decree?

A decree is the final part of the judgment pronounced. A judgment is passed by the judge 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 is written and verbal explanation as per the understanding given Section 2 (2) of the code of civil procedure act of 1908. Also, the decree is only one. The legal rights cannot be changed.

Main Differences Between Judgement and Decree

Sentido

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, defendant in a trail or an appeal court.

The decree is subjected to further proceedings if required based on the understanding that the judge would narrate about the ascertainment of further rights. The proper submission and detailing of a suit is important.

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 to avail as 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 does deal with rights as well but 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 absolutely irrevocable hence the rights are not spelled 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 is a narration of the rights both the parties have in the court of law. The decree is partly shared of completely, it depends. But the judgment has to be read out to its actuality.

Tipo

Judgment has more to with the step by step procedures from the understanding and conclusion derived from the hearing of both the parties involved.

The decree is a presentation of 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 judgment of the court cannot be appealed, 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 given moment. The Decree can be appealed to get clarity on the rights if unclear.

A decree can or may not be appealable. In short, a judgment cannot be appealed while a decree can be appealed.

Conclusión

Concluding, the decree is a component of judgment and needs to be passed through the presentation of the suit of the plaint.

The suit is the writing part of a complaint and plaint is the complaint itself. The passed decree is like an approval nod prior to the case presentation.

The decree is added as the last component when a judgment is pronounced as everyone has equal rights to avail of their government laws irrespective if they are at fault or not.

Ending with one final understanding that both judgment and decree are given by the civil court and formally expresses a decision taken.

Referencias

  1. https://legal-dictionary.thefreedictionary.com/decree
  2. https://heinonline.org/HOL/LandingPage?handle=hein.journals/orglr38&div=29&id=&page=
  3. https://www.sciencedirect.com/science/article/pii/S0956053X00001033