- The final consideration and determination by the court of the rights of the parties, as those rights presently exist, upon matters submitted to it in an action or proceeding. The judicial determination or sentence of the court upon a matter within its jurisdiction. 30A Am J Rev ed Judgm § 2. More precisely, the conclusion of the law upon the matters contained in the record, or the application of the law to the pleadings and to the facts as they appear from the evidence in the case, and as found by the court or jury, admitted by the parties, or as deemed to exist upon their default in the course of judicial proceedings. State ex rel. McDonald v Louis, 326 Mo 644, 33 SW2d 98. In a criminal case, the action of a court of criminal jurisdiction formally declaring to the accused the legal consequences of the guilt which he has confessed or of which he has been convicted. 21 Am J2d Crim L § 525. Sometimes synonymous with decision, as where both words are used in a statute requiring a liberal construction. 30A Am J Rev ed Judgm § 14. In theory, a determination sought by a motion. In common parlance, the formation of an opinion or notion concerning something by exercising the mind upon it. The word is distinguished from desire which imports a wish of more or less intensity. Cleveland Clinic Foundation v Humphreys (CA6 Ohio) 97 F2d 849. See decree.
Ballentine's law dictionary. Anderson, W.S.. 1998.