A consent decree is a legal agreement between parties involved in a lawsuit that resolves the dispute without admitting guilt or liability. It is typically reached through negotiation and is approved by the court. Consent decrees are often used in cases involving civil rights, environmental violations, or antitrust issues. Once approved by the court, a consent decree becomes legally binding, and parties are required to comply with its terms. It allows parties to avoid lengthy litigation and provides a framework for addressing the underlying issues. However, failure to comply with the terms of a consent decree can result in court-imposed penalties or sanctions.
n. an order of a judge based upon an agreement, almost always put in writing, between the parties to a lawsuit instead of continuing the case through trial or hearing. It cannot be appealed unless it was based upon fraud by one of the parties (he lied about the situation), mutual mistake (both parties misunderstood the situation), or if the court does not have jurisdiction over the case or the parties. Obviously, such a decree is almost always final and non-appealable since the parties worked it out. A consent decree is a common practice when the government has sued to make a person or corporation comply with the law (improper securities practices, pollution, restraints of trade, conspiracy) or the defendant agrees to the consent decree (often not to repeat the offence) in return for the government not pursuing criminal penalties. In general, a consent decree and a consent judgement are the same.
A consent decree is a legal agreement between two parties that is approved by a court. It is typically used to resolve a dispute or settle a lawsuit without going to trial. The parties involved voluntarily agree to the terms and conditions outlined in the consent decree, which may include specific actions or obligations that each party must fulfil. Once approved by the court, the consent decree becomes legally binding and enforceable.
A consent decree is a legal agreement between two parties that resolves a dispute without the need for a trial. It is typically used in civil cases and is approved by a judge.
While both a consent decree and a settlement agreement resolve a legal dispute, a consent decree is typically used in cases involving government agencies or public interest matters. Settlement agreements are more commonly used in private disputes.
A consent decree can be entered into by any party involved in a legal dispute, including individuals, businesses, or government entities.
Consent decrees are commonly used in cases involving civil rights violations, environmental issues, antitrust violations, and employment discrimination, among others.
Once a consent decree is approved by a judge, it becomes a legally binding agreement. The parties involved are required to comply with the terms outlined in the decree, and failure to do so can result in legal consequences.
Yes, a consent decree can be modified or terminated if there is a substantial change in circumstances or if both parties agree to the modification. However, any modifications or terminations must be approved by the court.
The duration of a consent decree varies depending on the specific terms outlined in the agreement. Some decrees may have a specific end date, while others may remain in effect until certain conditions are met.
Yes, a consent decree can be used as evidence in other legal proceedings, as it is a legally binding agreement. However, its weight and relevance may vary depending on the specific circumstances of the case.
Entering into a consent decree can provide a quicker resolution to a legal dispute, avoid the costs and uncertainties of a trial, and allow the parties involved to have some control over the outcome. It can also help promote compliance with legal requirements and protect the rights of individuals or groups affected by the dispute.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 10th April 2024.
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