When it comes to legal jargon, the terms “decree” and “order” can be confusing for many people. Both are used in various legal situations, but do you know which one is appropriate for your particular case?
The decree is a legal document or proclamation issued by an authority, such as a court or government, establishing a law, regulation, or decision that is binding and enforceable. While an Order is a command issued by a person or entity with the authority to do so, instructing others to take a specific action or comply with certain requirements.
Decree vs. Order
| Decree | Order |
|---|---|
| Decree refers to an official legal document or proclamation issued by an authority, such as a court or a government, to establish a law, regulation, or decision that is binding and enforceable. | Order is a directive or command issued by a person or entity with the authority to do so, typically to instruct others to take a specific action or comply with certain requirements. |
| It is often used in the context of legal proceedings, court decisions, or government regulations that affect a broader range of people or entities, with the intent to establish rules or resolve disputes. | It can have varying scopes of application, ranging from specific instructions within an organization or institution to broader directives that may impact a group of individuals or entities. |
| Decrees are usually issued by high-level authorities, such as courts, heads of state, or government agencies, who have the legal power and jurisdiction to make decisions or establish regulations. | Orders can be issued by individuals or entities with the authority to do so, such as supervisors, administrators, or leaders, within their respective areas of responsibility or jurisdiction. |
| It carries legal force and require compliance by the affected parties. They often have consequences for non-compliance, including penalties, sanctions, or legal actions, depending on the jurisdiction and the nature of the decree. | It may or may not have the same legal weight as decrees, and their enforcement or consequences for non-compliance can vary depending on the context, authority, and the applicable rules or regulations. |
| Decrees are typically more detailed and specific, providing explicit instructions, regulations, or judgments to address specific legal issues, resolve disputes, or establish rules for a particular situation or context. | Orders can range from specific instructions or directives to general guidance or broad mandates, depending on the purpose, context, and authority issuing the order. |
| It can have varying durations, depending on the nature of the legal matter or regulation established. They can be temporary or permanent, depending on the intent and legal provisions associated with the decree. | It can be temporary or ongoing, depending on the context and purpose. They may be issued for immediate implementation or for a specific duration, after which they may be revised, renewed, or rescinded based on changing circumstances or needs. |
What is a Decree?
A decree refers to an official legal document or proclamation issued by an authoritative body, such as a court or government, that establishes a law, regulation, or decision.
Decrees are binding and enforceable, carrying the weight of the law. They are used to address specific legal matters, resolve disputes, or set rules for a particular situation or context.
Decrees can have varying durations, from temporary to permanent, depending on the nature of the legal issue or regulation being established.
What is an Order?
An order refers to a directive or command issued by a person or entity with the authority to do so. It instructs others to take a specific action or comply with certain requirements. Orders can be issued in various contexts, such as organizational settings, legal proceedings, or administrative matters.
The scope and enforceability of an order may vary depending on the context and authority issuing it. Orders can range from specific instructions or directives to more general guidance or mandates. They may have temporary or ongoing validity, depending on the purpose and circumstances.
Pros and cons of Decrees and Orders
Decrees:
Pros:
- Provide legally binding decisions, establish clear rules and regulations, and ensure enforceability and compliance.
Cons:
- Can be rigid and less flexible, and may require lengthy legal processes, with the potential for controversy or resistance.
Orders:
Pros:
- Enable swift decision-making, allow for immediate action, and provide clarity and guidance in specific situations.
Cons:
- Lack the same legal weight as decrees, may face challenges or non-compliance, limited in scope and duration.
When should you use a Decree or an Order?
Decree:
A decree is typically issued by a higher authority, such as a court or a government body, and carries the force of law. It is used to establish legal rights, obligations, or rules that apply to a specific situation or group of people. Decrees are commonly employed in judicial proceedings or to implement government policies.
Order:
An order is generally issued by an individual or an entity with the authority to do so, such as a judge or an executive officer. It may direct a specific action, impose restrictions, or provide instructions within a particular context. Orders can be issued in various settings, including court proceedings, administrative matters, or organizational management.
How to draft a Decree or Order for your legal situation
- Understand the Legal Context: Familiarize yourself with the relevant laws, regulations, and precedents that govern the particular legal situation. Ensure you have a clear understanding of the purpose, scope, and implications of the decree or order.
- Identify the Parties and Subject Matter: Determine the parties involved in the legal situation and clearly identify the subject matter of the decree or order. This helps ensure clarity and specificity in the drafting process.
- Outline the Key Provisions: Identify the key provisions that need to be included in the decree or order. These provisions should address the specific issues, rights, obligations, or actions necessary to resolve the legal situation effectively.
- Use Clear and Precise Language: Draft the decree or order using clear, concise, and unambiguous language. Avoid complex legal jargon and strive for clarity and readability. Ensure that the language used accurately reflects the intended meaning and purpose of each provision.
Key differences between degree and Order
- Nature: A decree is a formal pronouncement issued by a higher authority, such as a court or a government body, and carries the force of law. It establishes legal rights, obligations, or rules that apply to a specific situation or group of people. On the other hand, an order is typically issued by an individual or an entity with the authority to do so, such as a judge or an executive officer. It directs a specific action, imposes restrictions, or provides instructions within a particular context.
- Authority: A decree is issued by a higher legal authority, such as a court, and is binding on the parties involved. It is enforceable and carries legal consequences if not complied with. An order, depending on the context, may carry legal weight and require compliance, but its authority and enforceability may vary.
- Scope: Decrees often have a broader scope and can establish legal rights and obligations that apply to a larger population or a specific legal issue. They can set legal precedents and have implications beyond the immediate case. Orders, on the other hand, tend to be more specific and are usually issued to address a particular situation, issue directives, or make decisions within a limited context.
- Difference between Holder and Holder in Due Course (HDC)
- Difference between Hearing and Trial
- Difference between Contract and Quasi-Contract
Conclusion
A decree is a formal pronouncement issued by a higher legal authority that carries the force of law, establishing legal rights, obligations, or rules. While an order is typically issued by an individual or entity with authority, directing a specific action or providing instructions within a particular context. Decrees have a broader scope, while orders are more specific. Knowing which one is appropriate for your situation can help ensure that justice is served properly and efficiently.
