What is Vacatur?
How do you legally define it?
What are the essential elements you should know!
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Table of Contents
Vacatur Definition
Vacatur is a Latin term meaning “to set aside a judgment”.
According to Cornell Law School’s Legal Information Institute, the vacatur legal definition is:
Latin for “it is vacated.”
This happens when a judgment is appealed and overturned by the appellate court.
Vacatur Law
In law, vacatur refers to the notion of requesting that a judgment be set aside.
This is a form of relief sought against a court order.
A party may request that the court “vacate” or “set aside” a judgment or ruling (relief of vacatur).
It can also mean a request by a party to annul the proceedings.
When there is a vacatur in the context of civil litigation, the judgment is set aside liberating the litigants from re-litigating the issue.
Vacatur of Judgment
The vacatur of judgment (or vacated judgment) refers to a court’s judgment that has been legally rendered void.
Most often, there is a vacatur of judgment when the judgment is appealed, overturned or set aside.
The court of appeal has the power to vacate its own previously rendered judgments on the same topic or issue.
According to the United States Court of Appeals for the Seventh Circuit, when there is vacatur of judgment, the parties are placed in a position as if no trial ever took place and where no judgment has ever been rendered.
Appeal of Judgment
The most common form of vacatur is when a party successfully appeals the judgment of a trial court.
If the appealing party wins before the Appellate Court, then the trial court’s judgment will be vacated.
Munsingwear Vacatur
Munsingwear vacatur is a type of vacatur where the underlying factors of a case pending appeal render the case moot.
Munsingwear vacatur can take place when:
- A litigant dies when the case is pending appeal
- There is a settlement of the lawsuit
- The prevailing party’s unilateral actions from the lower court
Takeaways
So what is the legal definition of Vacatur?
Let’s look at a summary of our findings.
Vacatur
Related legal terms
Abatement ab initio
Civil procedures
Court order
Court procedures
Criminal procedures
Jury nullification
Remand
Vacated
Vacation of court
