consent decree

Thân thiện

A judge signs a consent decree in the courtroom.

Definition

1. Noun:
   • A court-approved settlement: A "consent decree" is a legal agreement or settlement between two parties in a lawsuit that is formally approved and ordered by a judge. It resolves the dispute without a trial and has the full force of a court judgment.
   • A resolution without admission of fault: It often involves one party (e.g., a company or government agency) agreeing to take or stop certain actions to remedy a situation, typically without admitting to any wrongdoing or guilt.

Usage

• A "consent decree" is used in legal contexts to describe the final, binding outcome of a negotiated settlement that is entered as a court order.
• It is commonly associated with antitrust cases, civil rights lawsuits, environmental regulations, and other disputes where ongoing court supervision of the agreement is required.

Examples

• Noun:
  • The company entered into a consent decree with the regulatory agency, agreeing to improve its safety protocols.
  • The consent decree required the city to reform its police department's practices under federal supervision.

Advanced Usage

• "To be subject to a consent decree": To be legally bound by the terms of such a court-approved agreement.
  • The institution has been subject to a consent decree for the past five years to ensure compliance with accessibility laws.
• "To negotiate a consent decree": To work out the terms of such a settlement before presenting it to the court for approval.
  • After months of litigation, both sides began to negotiate a consent decree.

Variants and Related Words

• Decree (n): An official order issued by a legal authority.
  • The judge issued a decree finalizing the divorce.
• Settlement (n): An official agreement intended to resolve a dispute.
  • The parties reached an out-of-court settlement.
• Stipulation (n): A condition or requirement that is specified as part of an agreement.
  • One stipulation of the contract was regular maintenance.

Synonyms

• Court-approved settlement: A settlement that has been sanctioned by a judge.
• Judicial decree: An order or declaration from a court.
• Agreed order: A court order that reflects the agreement of the parties involved.

Related Phrases

• Enter into a consent decree: To formally agree to and become bound by a consent decree.
  • The defendant chose to enter into a consent decree to avoid a lengthy trial.
• Comply with a consent decree: To adhere to the terms and conditions set forth in the decree.
  • The agency must demonstrate it is taking steps to comply with the consent decree.

Notes

• A "consent decree" is distinct from a typical out-of-court settlement because it is entered into the court record and is enforceable by the court. Violating its terms can result in contempt of court charges.
• It is a hybrid instrument, functioning both as a contract between the parties and as an enforceable judicial order.

Học thuật

Noun

1. an agreement between two parties that is sanctioned by the court; for example, a company might agree to stop certain questionable practices without admitting guilt