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If we desire respect for the law, we must first make the law respectable.
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Legal Definitions - vacation
Definition of vacation
In legal contexts, the term "vacation" carries meanings distinct from its common usage as a holiday or leisure trip. It primarily refers to two different concepts:
1. The act of nullifying or setting aside a legal decision, order, or action.
When a court or legal authority "vacates" something, it means to cancel, annul, or render void a previous judgment, order, or administrative decision. This action effectively erases the legal effect of the prior ruling, as if it never happened, often requiring further action or a new decision.
- Example 1: Vacating a Lower Court's Judgment
A defendant appeals a conviction from a trial court to a higher appellate court. If the appellate court finds that the trial court made a significant legal error that affected the outcome of the case, it might vacate the original conviction and sentence. This means the lower court's judgment is nullified, and the case may be sent back for a new trial or further proceedings consistent with the appellate court's ruling. - Example 2: Vacating an Administrative Order
A state environmental agency issues an order requiring a factory to pay a substantial fine for pollution violations. The factory challenges this order, arguing that proper procedures were not followed. If an administrative review board agrees with the factory's argument, it might vacate the original fine order, meaning the fine is canceled, and the agency may need to restart the enforcement process correctly.
2. A scheduled period during which a court does not hold regular sessions.
This refers to a designated break in the judicial calendar, distinct from public holidays, during which courts typically do not conduct trials, hearings, or other formal proceedings. It is a time for judges and court staff to manage administrative tasks, write opinions, or prepare for upcoming terms.
- Example 1: Summer Court Vacation
Many state supreme courts observe an annual summer vacation period, often spanning several weeks in July and August. During this time, the court does not schedule oral arguments for new cases, allowing the justices to focus on deliberating existing cases, drafting opinions, and preparing for the next term of court. - Example 2: Between Terms of Court
A federal district court might announce a two-week vacation between its spring and fall terms. While emergency motions or urgent filings might still be processed by a duty judge, the regular courtroom schedule for trials, motions, and hearings is suspended. This period allows court staff to catch up on administrative work and prepare dockets for the upcoming term.
Simple Definition
In law, "vacation" primarily refers to either the act of vacating or nullifying something, such as setting aside a court order or judgment. It also describes a period when a court is not holding sessions, typically a scheduled break between terms or for a specific duration.