Consent decree
Encyclopedia
A consent decree is a final, binding judicial
decree
or judgment memorializing a voluntary agreement between parties to a suit
in return for withdrawal of a criminal charge
or an end to a civil litigation. In a typical consent decree, the defendant
has already ceased or agrees to cease the conduct alleged by the plaintiff to be illegal and consents to a court injunction barring the conduct in the future. A consent judgment can also memorialize payment of damages. Sometimes the defendant expressly does not admit to fault, illegality or damages. Consent decrees are used most commonly in criminal law
and family law
. They are sometimes used in antitrust law.
A consent decree can be either interlocutory
or final. The former is given on some plea
or issue
arising in the cause which does not decide the main question; the latter settles the matter in dispute, and a final decree has the same effect as a judgment at law.
Once entered, a consent decree is binding on the consenting parties and cannot be reviewed except on a showing that the consent was obtained by fraud
or that the decree was based on mutual error or a failure of consent
.
If the party against whom the judgment is rendered violates the terms of the consent decree, the judgment is as binding as any other, and the non-breaching party may seek enforcement through a contempt action. Enforcement actions vary, but can include wage garnishment and/or property lien(s).
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
or judgment memorializing a voluntary agreement between parties to a suit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
in return for withdrawal of a criminal charge
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
or an end to a civil litigation. In a typical consent decree, the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
has already ceased or agrees to cease the conduct alleged by the plaintiff to be illegal and consents to a court injunction barring the conduct in the future. A consent judgment can also memorialize payment of damages. Sometimes the defendant expressly does not admit to fault, illegality or damages. Consent decrees are used most commonly in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
. They are sometimes used in antitrust law.
A consent decree can be either interlocutory
Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue...
or final. The former is given on some plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
or issue
Issue (legal)
In law, issue can mean several things:*In wills and trusts, a person's issue are his or her lineal descendants or offspring. These are distinguished from heirs, which can include other kin such as a brother, sister, mother, father, grandfather, uncle, aunt, nephew, niece, or cousin.*In...
arising in the cause which does not decide the main question; the latter settles the matter in dispute, and a final decree has the same effect as a judgment at law.
Once entered, a consent decree is binding on the consenting parties and cannot be reviewed except on a showing that the consent was obtained by fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
or that the decree was based on mutual error or a failure of consent
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...
.
If the party against whom the judgment is rendered violates the terms of the consent decree, the judgment is as binding as any other, and the non-breaching party may seek enforcement through a contempt action. Enforcement actions vary, but can include wage garnishment and/or property lien(s).