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Decision

DECISION

A conclusion reached after an evaluation of facts and law.

As a generic term, decision refers to both administrative and judicial determinations. It includes final judgments, rulings, and inter-locutory or provisional orders made by the court pending the outcome of the case. Frequently, a decision is considered the initial step in a rendition by a court of a judgment in an action.

When referring to judicial matters, a decision is not the same as an opinion, although the terms are sometimes used interchangeably. A decision is the pronouncement of the solution of the court or judgment in a case, while an opinion is a statement of the reasons for its determination made by the court.

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decision

de·ci·sion / diˈsizhən/ • n. a conclusion or resolution reached after consideration. ∎  the action or process of deciding something or of resolving a question. ∎  a formal judgment: a Supreme Court decision. ∎  the ability or tendency to make decisions quickly; decisiveness: a woman of decision. ∎ Boxing the awarding of a fight, in the absence of a knockout or technical knockout, to the boxer with the most rounds won or with the most points. ∎ Baseball a win or a loss assigned to a pitcher.

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decision

decisionabrasion, Australasian, equation, Eurasian, evasion, invasion, occasion, persuasion, pervasion, suasion, Vespasianadhesion, cohesion, Friesian, lesion •circumcision, collision, concision, decision, derision, division, elision, envision, excision, imprecision, incision, misprision, precisian, precision, provision, scission, vision •subdivision • television • Eurovision •LaserVision •corrosion, eclosion, erosion, explosion, implosion •allusion, collusion, conclusion, confusion, contusion, delusion, diffusion, effusion, exclusion, extrusion, fusion, illusion, inclusion, interfusion, intrusion, obtrusion, occlusion, preclusion, profusion, prolusion, protrusion, reclusion, seclusion, suffusion, transfusion •Monaghan • Belgian •Bajan, Cajun, contagion, TrajanGlaswegian, legion, Norwegian, region •irreligion, religion •Injun • Harijan • oxygen • antigen •sojourn • donjon • Georgian •theologian, Trojan •Rügen •bludgeon, curmudgeon, dudgeon, gudgeon, trudgen •dungeon • glycogen • halogen •collagen • Imogen • carcinogen •hallucinogen • androgen •oestrogen (US estrogen) •hydrogen • nitrogen •burgeon, sturgeon, surgeon

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Decision

DECISION

A decision is the final determination by a competent tribunal of matters of law and fact submitted to it in a case or controversy. The decision is ordinarily in writing and comprises the judgment or decree in the case. The decision is not itself law, but only evidence of the law; and the value of a case as precedent derives less from the decision than from the reasoning behind the decision. The term "decision" is one of popular usage and not a technical legal term.

The Supreme Court reaches its decisions in conference following the oral argument of a case. A vote is taken after each Justice has had a chance to state his or her views. The decision is announced by means of a memorandum order or as part of a formal opinion.

In casual usage, the decision is often confounded with the opinion of the court, a usage sanctioned by certain law dictionaries and a number of court opinions. In precise usage, however, the decision is the conclusion reached by the court, while the opinion is a statement of the reasoning by which the decision was reached. In the simplest terms, the decision answers the question: who won the case.

Dennis J. Mahoney
(1986)

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