What is the right to set aside?
Asked by: Ubaldo Nicolas DVM | Last update: July 16, 2025Score: 4.6/5 (19 votes)
When a court renders a decision of another court to be invalid , that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court.
What does it mean if a decision is set aside?
If the Court grants your application, the original decision and any penalties imposed by the Court are set aside. The charge will be dealt with as if it was a new one and you will have the opportunity to enter a plea of guilty or not guilty to the charge.
What does it mean to set aside something?
to save something, usually money or time, for a special purpose: He had some money in an account that he'd set aside for his kids.
What is the meaning of motion to set aside?
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. Such a motion is proposed by a party who is dissatisfied with the result of a case.
What does it mean to set aside an agreement?
A court may, on application, set aside a domestic contract or a provision in it, (a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made; (b) if a party did not understand the nature or consequences of the domestic ...
What is a Motion to Set Aside
What does set aside mean in a court case?
In a few situations, a judge can cancel or undo an order or judgment in your family law case. This is called a set-aside.
What is an example with set aside?
He had some money in an account that he'd set aside for his kids. [ + to infinitive ] I set aside half an hour every evening to hear Erik read. I set aside some of the soup for Jim to have later. We set aside a few dollars a month to buy furniture.
What happens after a judgement is set aside?
If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.
What does order of set aside mean?
A Set Aside essentially means that you've created such a defense for yourself that the DMV has exonerated you of whatever the allegation was, but your driving privilege is reinstated fully, and any mention of a driving suspension is removed from the record.
What is to set aside for a purpose?
If you set something aside for a special use or purpose, you keep it available for that use or purpose.
What is a word that means to set aside?
“She sets aside time for meditation every day” synonyms: allow, appropriate, earmark, reserve. allot, assign, portion.
What does it mean to set aside a deed?
To set aside a deed of release, there must have been duress or undue influence, fraud or misrepresentation or illegality. A deed may also be set aside if the deed is invalid because of legal deficiencies.
What makes a court order invalid?
The judge made an error of law
An “error of law” generally means that the judge in your case applied the wrong rule or “legal standard” to the facts of your case. This can occur if a trial court did not follow either the statute or case law in your state that is supposed to apply in your case's circumstances.
What does it mean to set aside plea?
A judge must set aside a guilty plea if the circumstances suggest that the defendant is innocent or did not understand the consequences of the guilty plea. This is true regardless of whether the defendant asks to withdraw the plea.
Can a judge vacate his own order?
So long as the court has plenary jurisdiction the judge can issue a new order that effectively vacates the old one or formally vacate or amend.
What is the legal term for set aside?
When a court renders a decision of another court to be invalid , that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
Is set aside the same as expungement?
[6] Expungement and sealing laws restrict access to criminal records and sometimes even provide for their destruction. [7] Set-aside laws authorize a court to “vacate” a conviction in order to signal a person's rehabilitation, relief that may or may not be followed by sealing the record.
What does it mean for a transaction to be set aside?
In an insolvency context, it refers to an administrator, liquidator or trustee in bankruptcy challenging a transaction entered into by an insolvent entity prior to any formal insolvency process, to reclaim assets for creditors.
What happens when a sentence is set aside?
Generally speaking, to vacate or set aside a conviction or sentence means nullifying the court's judgment on your case. In other words, when the court grants your petition to vacate a conviction, it will look as if your case's trial and judgment never occurred, but it does not mean your case is over.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
Can a judge set aside a guilty verdict?
Once a jury reaches a decision, the judge can still set aside the verdict. Attorneys can move for a judgment notwithstanding the verdict (JNOV) if they believe the other side has failed to prove their case.
What is an example of an aside?
Examples of aside in a Sentence
He elbowed people aside as he moved through the crowd. He took her aside to speak to her privately. Someone grabbed him and pulled him aside. Noun She made a joke about the food in a muttered aside to her husband.
What are set aside funds?
THE BASICS OF SET ASIDES
The set aside procedure is one that allows such funds to escape taxation if they are properly set aside to be used for charitable and educational purposes. In such cases and if the funds are used in a proper manner, then no federal income tax is payable.
What is the difference between set aside and put aside?
Set aside: Put something in reserve for later use. Example: I'll set aside some money for unexpected expenses. Put aside: Move something to a different place or reserve resources. Example: Please put aside those books after you're done reading.