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consent decree
A consent decree is an agreement or settlement to resolve a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case) and most often refers to such a type of settlement in the United States.〔"Consent Decree." West's Encyclopedia of American Law. Ed. Shirelle Phelps and Jeffrey Lehman. 2nd ed. Vol. 3. Detroit: Gale, 2005. 103-104. Gale Virtual Reference Library. Web. 7 Apr. 2014.〕〔Dabney, Seth M. "Consent Without Consent Decrees." Columbia Law Review 63.6 (1963): 1053-064. JSTOR. Web. 13 Mar. 2014. .〕 The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties.〔Karst, Kenneth L. "Consent Decree." Encyclopedia of the American Constitution. Ed. Leonard W. Levy and Kenneth L. Karst. 2nd ed. Vol. 2. Detroit: Macmillan Reference USA, 2000. 507. Gale Virtual Reference Library. Web. 7 Apr. 2014.〕〔Dabney "Consent Without"〕〔Baradaran-Robison, Shima. "Kaleidoscopic Consent Decrees: School Desegregation and Prison Reform Consent Decrees After the Prison Litigation Reform Act and Freeman-Dowell." Brigham Young University Law Review 2003.4 (2003): 1333-370. BYU Law Review. Web. 13 Mar. 2014. .〕〔Resnik, Judith. "Judging Consent." The University of Chicago Legal Forum (1987).〕 It is similar to and sometimes referred to as an antitrust decree, stipulated judgement, settlement agreements or consent judgment.〔Mengler, Thomas M. 1988. "Consent Decree Paradigms: Models Without Meaning." Boston College Law Review 29.〕〔Resnik "Judging Consent"〕 Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation.〔Karst〕〔West's Encyclopedia〕〔Shane, Peter M. "Federal Policy Making by Consent Decree: An Analysis of Agency and Judicial Discretion." University of Chicago Legal Forum (1987): 241.〕
==Legal process==
The process of introducing a consent decree begins with negotiation.〔Resnik "Judging Consent."〕 One of the three happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a lawsuit and they simultaneously file a lawsuit and request that the court agree to the entry of judgment.〔Resnik "Judging Consent."〕〔Isenbergh, Maxwell S., and Seymour J. Rubin. "Antitrust Enforcement Through Consent Decrees." Harvard Law Review (1940): 386-414.Kane, Mary Kay. 1996. Civil Procedure in a Nutshell. 4th ed. St. Paul, Minn.: West .〕〔Kane, Mary Kay. 1996. Civil Procedure in a Nutshell. 4th ed. St. Paul, Minn.: West 〕 The court is meant to turn this agreement into a judicial decree.〔"Consent Decrees." Columbia Law Review 22.4 (1922): 344-48. JSTOR. Web. 13 Mar. 2014. 〕〔Isenbergh 388-89.〕〔Kane〕〔Schwarzschild, Maimon. "Public Law by Private Bargain: Title VII Consent Decrees and the Fairness of Negotiated Institutional Reform." Duke Law Journal 33.5 (1984): 887-936. Web. 13 Mar. 2014. 〕 In many cases, the request for entry of a consent decree prompts judges to sign the documents presented then and there.〔Resnik "Judging Consent."〕〔Schwarzschild 887-936〕 In some cases, however, such as criminal cases, the judge must additionally make some sort of assessments before the court’s entry of the agreement as a consent decree.〔Resnik "Judging Consent."〕
The usual consent decree is not self-executing.〔"Consent Decrees." (1922) 344-48〕 A consent decree is implemented when the parties transform their agreements from paper to reality.〔Resnik "Judging Consent."〕〔Isenbergh 392〕〔Kane〕 In this the judge who signed the decree may have no involvement or may monitor the implementation.〔Resnik "Judging Consent."〕〔Schwarzschild 887-936〕 The judge can only step in to assist in enforcement if a party complains to the court that an opponent has failed to perform as agreed.〔Resnik "Judging Consent."〕 In this case, the offending party would be committed for contempt.〔"Consent Decrees." (1922) 344-48〕
Decrees by consent are more binding than those issued ''in invitum'', or against an unwilling party,〔"In Invitum." Merriam-Webster. Merriam-Webster. Web. 06 Apr. 2014. 〕 which are subject to modification by the same court, and reversal by higher courts.〔"Consent Decrees." (1922) 344-48〕 The decree issued by consent cannot be modified, except by consent. If the decree was obtained by means of fraud or given by mistake it may be set aside by a court.〔"Consent Decrees." (1922) 344-48〕 Errors of law or of inferences from the facts may invalidate it completely.〔"Consent Decrees." (1922) 344-48.〕〔Schwarzschild 887-936〕
Typically a consent decree dispenses with the necessity of having proof in court, since by definition the defendant agrees to the order. Thus the use of a consent decree is not any sort of sentence or admission of guilt.〔"Consent Decrees." (1922) 344-48.〕〔Isenbergh 387〕〔Kane, Mary Kay. 1996. Civil Procedure in a Nutshell. 4th ed. St. Paul, Minn.: West 〕 Likewise the consent decree prevents a finding of facts, so the decree cannot be pleaded as ''res adjudicata''.〔"Consent Decrees." (1922) 344-48.〕〔Isenbergh 394.〕〔Kane〕
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