Legal Definitions - Vacate

Definition:

1. In civil and criminal procedure, to set aside or cancel a previous judgment or order.
2. In property law, to surrender or leave the premises.

Illustrative caselaw:

• Sears v. Upton, 130 S.Ct. 3259 (2010) - This case involves vacating a judgment, meaning that the previous decision was cancelled or set aside.
• Thorpe v. Housing Authority of City of Durham, 393 U.S. 268 (1969) - This case involves vacating the premises, meaning that the tenant surrendered or left the property.

Explanation:

When a judgment or order is vacated, it means that the previous decision is cancelled or set aside. This can happen in both civil and criminal cases. In property law, vacating the premises means that the tenant surrenders or leaves the property. The two cases provided illustrate both definitions of vacate. In Sears v. Upton, the judgment was vacated, and in Thorpe v. Housing Authority of City of Durham, the tenant vacated the premises.