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Vacate

Definition

1) In civil and criminal procedure

To set aside or annul a previous judgment or order.

2) In property law

To surrender or leave the premises.

Illustrative caselaw

See, e.g. Sears v. Upton, 130 S.Ct. 3259 (2010) (a judgment) and Thorpe v. Housing Authority of City of Durham, 393 U.S. 268 (1969) (the premises).

See also

Definition from Nolo’s Plain-English Law Dictionary

1) For a judge to set aside or nullify an order or judgment that he or she finds was improper. 2) To move out of real estate and cease occupancy.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:26 pm

 

"The Federal Arbitration Act . . . 9 U.S.C. § 1 et seq., provides for expedited judicial review to confirm, vacate, or modify arbitration awards.  The question here is whether statutory grounds for prompt vacatur and modification may be supplemented by contract.  We hold that the statutory grounds are exclusive."

"[W]e agree with the Ninth Circuit that the FAA confines its expedited judicial review to the grounds listed in 9 U.S.C. §§ 10 and 11, [but] we vacate the judgment and remand the case for proceedings consistent with this opinion [i.e., so that all holdings of this opinion are taken into account]."