Home Definition Vacatur (Legal Definition And How It Can Impact You)

Vacatur (Legal Definition And How It Can Impact You)

What is Vacatur?

How do you legally define it?

What are the essential elements you should know!

Keep reading as we have gathered exactly the information that you need!

Let’s dig into our legal dictionary!

Are you ready?

Let’s get started!

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.”
Author

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

  • Vacatur is a Latin word meaning “to set aside”
  • The vacatur legal definition is when we refer to a judgment set aside in the case of an appeal at the Court of Appeal or the Supreme Court 
  • The vacatur relief is an order sought by a party to have the court cancel the proceedings or vacate a ruling 
Abatement ab initio 
Civil procedures
Court order 
Court procedures
Criminal procedures 
Jury nullification
Remand 
Vacated 
Vacation of court
Author
Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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