Vacated in the context of Civil litigation


Vacated in the context of Civil litigation

Vacated Study page number 1 of 1

Play TriviaQuestions Online!

or

Skip to study material about Vacated in the context of "Civil litigation"


⭐ Core Definition: Vacated

A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative).

A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.

↓ Menu
HINT:

In this Dossier

Vacated in the context of Default judgment

Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.

Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.

View the full Wikipedia page for Default judgment
↑ Return to Menu