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Tue Mar 31, 2015, 09:50 AM

 

What's the differece between the SCOTUS "vacating" and "reversing" a decision?

I can't tell the difference.

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Reply What's the differece between the SCOTUS "vacating" and "reversing" a decision? (Original post)
dariomax Mar 2015 OP
sinkingfeeling Mar 2015 #1
dariomax Mar 2015 #2
prayin4rain May 2015 #3

Response to dariomax (Original post)

Tue Mar 31, 2015, 09:53 AM

1. Here's the definitions. Looks like there's more options with a reversal.

A vacated judgment makes a previous legal judgment legally void. 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.

The decision of a court of appeal ruling that the judgment of a lower court was incorrect and is therefore reversed. The result is that the lower court which tried the case is instructed to dismiss the original action, retry the case or change its judgment.

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Response to sinkingfeeling (Reply #1)

Tue Mar 31, 2015, 09:58 AM

2. I was left confused

 

See their definition of vacated judgment, of course:

"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."

Not only can vacating be the same as reversing, but it can also mean "overturning" which is the exact same thing as reversing.

Maybe the differece is in the "setting aside" part.

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Response to dariomax (Original post)

Wed May 13, 2015, 11:32 PM

3. I think vacate means the lower court was completely

and totally wrong. When an appellate court reverse it's usually reversed on one issue.

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