Avacated judgment(also known asvacatur relief) is alegal judgmentthat legallyvoidsa previous legal judgment. A vacated judgment is usually the result of the judgment of anappellate court,which overturns, reverses, or sets aside the judgment of a lower court. Anappellate courtmay also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (amotion to vacate) orsua sponte(at the court's initiative).[1]
A vacated judgment may free the parties tocivil litigationto re-litigate the issues subject to the vacated judgment.
Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vacated under this includeKenneth Lay,the former Chairman and CEO ofEnronwho died before sentencing, andAaron Hernandez,a former football player who killed himself in jail before his appeals were exhausted. In the latter case, the vacatur was itself later overturned.[2]
United States
edit"Relief from judgment" of aUnited States District Courtis governed by Rule 60 of theFederal Rules of Civil Procedure.[3]TheUnited States Court of Appeals for the Seventh Circuithas noted that a vacated judgment "place[s] the parties in the position of no trial having taken place at all; thus a vacated judgment is of no further force or effect."[4]
One form of a vacatur in the United States legal system was established byUnited States v. Munsingwear, Inc.340U.S.36(1950), otherwise known as theMunsingwearvacatur. This approach is used when while a case is being held on appeal, whether at the Circuit Court or Supreme Court level, underlying factors make the case moot. The higher court will vacate the lower court's ruling, send the case back to the lower court, and have them render the case moot. Certain conditions must be met before the higher court can give aMunsingwearvacatur, generally allowing this vacatur to be used in three situations: in the matter of "happenstance" (such as the death of a litigant), through a settlement of the parties, or a unilateral action by the prevailing party in the lower court.[5][6]
See also
edit
- Central Park jogger case– 1989 crime in New York City
- Judgment– Decision making; evaluation of evidence to make a decision
- Jury nullification– Type of jury verdict in criminal trials
- Kenneth Lay– Founder of Enron Corporation (1942–2006)
- Remand (court procedure)– Case referral back from higher court
- Abatement ab initio– Legal doctrine re death of defendant
- Expungement– Process by which a record of criminal conviction is destroyed or sealed
References
edit- ^Hamilton, Theodore J. (2021)."A Final Judgment Is Not Always Final: The Relief from Final Judgment Rule".Commercial Law World.35:18.Retrieved6 October2023.
- ^Tony Marco; Ray Sanchez (13 March 2019)."Aaron Hernandez's murder conviction reinstated by high court".CNN.
- ^Federal Rules of Civil Procedure(Dec. 1, 2012)
- ^United States v. Williams,904 F.2d 7, 8 (7th Cir. 1990) (citations removed).
- ^Millett, Pattie (June 10, 2008)."Practice Pointer: Mootness and Munsingwear Vacatur".SCOTUSblog.RetrievedNovember 5,2018.
- ^Schoen, David (April 3, 2014)."Consequences of Mootness on Appeal".American Bar Association.RetrievedNovember 5,2018.