1 leave (a job, post, post, or position) voluntarily; "She vacated the position when she got pregnant"; "The chairman resigned when he was found to have misappropriated funds" [syn: resign, renounce, give up]
3 annul by recalling or rescinding; "He revoked the ban on smoking"; "lift an embargo"; "vacate a death sentence" [syn: revoke, annul, lift, countermand, reverse, repeal, overturn, rescind]
EtymologyLatin vacare 'leave empty'.
- Rhymes: -eɪt
- To move out of a dwelling, either by choice or by eviction.
- To leave an office or position.
- To have a court judgement set aside.
- To leave an area, usually as a result of orders from public authorities in the event of a riot or natural disaster.
- Korean: 비우다 (biuda)
A vacated judgment makes the original judgment legally void. A vacated judgment is the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court.
A trial court also has the power, under certain circumstances (usually involving fraud or lack of jurisdiction over the parties to a case) to vacate its own judgments. Relief from judgment in the United States district courts is governed by Rule 60 of the Federal Rules of Civil Procedure.
A vacated judgment frees the parties to re-litigate the issues subject to the vacated judgment.
Indeed the Seventh Circuit noted that a vacated judgment "place[s] the parties in the position of no trial having taken place at all." United States v. Williams, 904 F.2d 7, 8 (7th Cir. 1990).
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