Vacate in the United States
The setting aside of a court judgment. If a court judgment is vacated, it is rendered void. A judgment is often vacated on appeal. When this occurs, it is the functional equivalent of a reversal. A trial judge may also vacate a judgment, however, while a reversal is exclusively an appellate action.
See Also
Remand (Apellate Judicial Process) Reversal (Apellate Judicial Process).
Analysis and Relevance
When a judgment is vacated, it is completely wiped away. Vacating a judgment does not necessarily end a case, however. The basic fact situation that produced the case still remains. Generally, when a judgment is vacated the controversy is remanded back to the trial court from which it started. The fact issue may then be reconsidered, but in a manner consistent with the ruling that vacated the original judgment. For example, if a judgment was vacated because a judge erroneously instructed a jury on a point of law, the case can be retried and resolved so long as the jury instruction problem is not repeated at retrial. The objective in vacating a judgment is to set aside a flawed decision and create the opportunity to resolve the conflict without error. When a case is remanded, it may be retried, but the parties are not legally obligated to seek retrial.
Notes and References
- Definition of Vacate from the American Law Dictionary, 1991, California
Vacate Definition
To annul; to render an act void; as, to vacate an entry which has been made on a record when the court has been imposed upon by fraud, or taken by surprise.
Vacate in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Vacate | Vacate in the World Legal Encyclopedia. |
| Vacate | Vacate in the European Legal Encyclopedia. |
| Vacate | Vacate in the Asian Legal Encyclopedia. |
| Vacate | Vacate in the UK Legal Encyclopedia. |
| Vacate | Vacate in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Vacate
Scan Vacate in the appropriate area of law:
| Link | Description |
|---|---|
| Vacate | Vacate in the Family Law Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the IP Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Commercial Law Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Criminal Law Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Antritrust Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Tax Law Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Vacate | Vacate in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Vacate in the Dictionaries | Vacate in our legal dictionaries |
| http://lawi.us/vacate | The URI of Vacate (more about URIs) |
| Vacate related entries | Find related entries of Vacate |
Legal Issue for Attorneys
To annul; to render an act void; as, to vacate an entry which has been made on a record when the court has been imposed upon by fraud, or taken by surprise.
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Notice
This definition of Vacate Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Resources
See Also
Landlord and Tenant.
Further Reading (Articles)
Landlord Violated Vacate Order by Letting Sandy Relief Contractor Use Space, New York Landlord v. Tenant; December 1, 2013
Khaleda asked to vacate cantt house in a month, The New Nation (Dhaka, India); October 14, 2010
Khaleda asked to vacate cantt house in a month., The New Nation (Dhaka, India); October 14, 2010
Iftikhar refuses to vacate Chief Justice House., The Nation (Karachi, Pakistan); January 12, 2008
ALASKA REGULATORY COMMISSION ISSUES ORDER IN MATTER OF PETITION FILED BY NORTH SLOPE BOROUGH TO VACATE RATE CASE FILING REQUIREMENTS FOR SERVICE AREA TENREFUSE CERTIFICATE NO. 231, US Fed News Service, Including US State News; July 3, 2007
Trusting plaintiff’s attorney to vacate a default proves to be a costly mistake: SZ Med., P.C. et al. a/a/o Clarice Cowan v Lumbermens Mutual Casualty Co.(COURTSIDE), Insurance Advocate; April 5, 2010; Rogak, Lawrence N.
FERC ISSUES ORDER DENYING MOTION TO VACATE ORDER, DISMISSING REQUEST FOR REHEARING, US Fed News Service, Including US State News; February 12, 2010
Mizoram told to vacate house, Hindustan Times (New Delhi, India); August 23, 2006
14 families asked to vacate homes, New Straits Times; November 25, 2002; M. K. Megan
Retired cops told to vacate quarters by Sunday, Hindustan Times (New Delhi, India); June 2, 2010
Vacate runway in 49 seconds: ATC to pilots, Hindustan Times (New Delhi, India); September 27, 2011
Some fighting S. Jordan plan to vacate area’s green space, Deseret News (Salt Lake City); September 17, 2007; Catherine Smith Deseret Morning News
Mace Security International Files Motion to Vacate Arbitration Award, Manufacturing Close-Up; June 10, 2010
Notice to vacate, New Straits Times; November 30, 2002; Salleh Buang
Petition To Vacate Arbitral Award Untimely, But Same Defenses Can Be Raised In Opposition Confirmation.(Ornela Cere v. Subway International B.V.), Mondaq Business Briefing; January 5, 2012
Legenda Told to Vacate Subic Casino-Hotel, Manila Bulletin; December 13, 2009
Vacate hostel rooms: striking medicos told, Hindustan Times (New Delhi, India); May 21, 2006
SC asks Mizoram to vacate building, Hindustan Times (New Delhi, India); August 23, 2006
`Vacate homes or be fined’ (HL), New Straits Times; November 26, 2002; Annie Freeda Cruez, M.K. Megan V. Ramanan
Govt notice asking Khaleda to vacate house stayed: High Court issues Rule on Govt., The New Nation (Dhaka, India); May 28, 2009
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