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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). [1]
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
The NCAA issued sanctions against Ohio State on July 8, 2011. Ohio State was forced to vacate all wins from the 2010 season (including the 2011 Sugar Bowl win), they were issued a postseason ban for the 2012 season, two years of NCAA probation, a five-year show cause for Jim Tressel, and a reduction of five scholarships over three years.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
City of Norwood v. Horney, 110 Ohio St.3d 353 (2006), was a case brought before the Ohio Supreme Court in 2006. The case came upon the heels of Kelo v.City of New London, in which the United States Supreme Court ruled that commercial development justified the use of eminent domain.
Finally, it may remand a case upon concluding that the lower court made a mistake and also did not adjudicate issues that must be considered. A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one ...
A motion to vacate may refer to either: A legal motion seeking vacatur of a judgment or other ruling; A motion to vacate the chair, ...
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 ...
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