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Consent decree


Consent decree

Consent decree refers to a judicial order agreed to by all parties in a litigation. Thus it typically embodies a litigation settlement, most commonly the settlement of a public (government) prosecution. The defendant consents voluntarily to a court order mandating certain conduct on his or her part in order to avoid a court trial on the merits. For example, businesses charged with violations of U.S. securities and ANTITRUST LAWs often settle with government prosecutors in advance of trial. The terms of these settlements are embodied in consent decrees, sometimes referred to as consent orders. Most consent decrees do not involve an admission of guilt by defendants. They merely agree to alter their activities to avoid the risk of being found guilty at trial, the costs of litigation, and the possibility that an adverse judgment might be used as precedent against them. Consent decrees are used to settle both criminal and civil prosecutions. The court issuing the decree retains the power to monitor compliance and sanction any noncompliance.
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