Legal Definitions - execute

In legal contexts, the term execute has several distinct meanings, all generally related to carrying out, completing, or making something legally effective.

• To carry out, perform, or complete an action or obligation: This refers to the act of fulfilling the requirements or terms of an agreement, plan, or duty.

  • Example 1: A software development company was hired to build a custom application. They successfully executed the project by delivering the finished software on time and within budget, fulfilling all the terms of their contract.

    Explanation: Here, "execute" means the company performed all the necessary tasks and completed the work as required by the agreement.

  • Example 2: A trustee is responsible for managing assets for the benefit of another. The trustee executes their duties by carefully investing the funds and distributing income according to the trust document's instructions.

    Explanation: This illustrates "execute" as the act of performing the specific responsibilities and obligations outlined in their role as a trustee.

• To complete all formalities necessary to make a document legally valid and effective: This often involves signing, witnessing, or delivering a document to bring it into its final, legally binding form.

  • Example 1: Before selling her house, the owner needed to execute the deed of sale. This involved signing the document in front of a notary public and then delivering it to the buyer at closing.

    Explanation: In this context, "execute" refers to the specific actions (signing, notarizing, delivering) that make the deed legally effective for transferring property ownership.

  • Example 2: A person creating their last will and testament must execute the will by signing it in the presence of two witnesses, who also sign, to ensure it is legally valid upon their death.

    Explanation: Here, "execute" means performing the specific legal steps required to make the will a legally enforceable document.

• To carry out a court-ordered death sentence: This refers to the act of putting a condemned person to death following a lawful judgment by a court.

  • Example: After years of appeals, the state proceeded to execute the prisoner who had been convicted of a capital crime and sentenced to death by a jury.

    Explanation: This usage specifically refers to the implementation of capital punishment as ordered by the legal system.

• To enforce and collect on a monetary judgment: This involves taking legal steps to collect money owed to a party based on a court's decision.

  • Example 1: After winning a lawsuit, the plaintiff had a judgment against the defendant for unpaid debts. To collect the money, the plaintiff's attorney sought a court order to execute the judgment by garnishing the defendant's wages.

    Explanation: "Execute" in this instance means to take legal action, such as wage garnishment, to enforce the court's decision and collect the awarded money.

  • Example 2: A small business obtained a judgment against a customer who refused to pay for services. To execute the judgment, they worked with a sheriff's office to seize non-exempt assets belonging to the customer that could be sold to satisfy the debt.

    Explanation: This illustrates "execute" as the process of using legal means, like asset seizure, to enforce a court's financial order.