The Latin word “Revocatur” means “it is recalled.” It was previously utilised in English courts to signify the setting aside of a judgement due to a factual error, rather than a legal error.
The term “revocatur” is derived from Latin and it means “it is recalled.” In English law, it was historically used to signify that a judgement was being overturned because of a factual mistake, rather than a legal one. For instance, if a judge made an error in a case and issued a judgement based on incorrect information, the judgement could be labeled with “revocatur” to indicate that it was being recalled and set aside. This distinction between judgements reversed due to legal errors and those set aside due to factual errors was crucial in ensuring that judgements were rectified appropriately and that justice was upheld.
Revocatur is a legal term that refers to the act of revoking or canceling a previous decision or order made by a court or administrative agency.
A decision can be subject to revocatur if there are grounds for appeal, such as errors in law, new evidence, or procedural irregularities.
Typically, a higher court or the same court that issued the original decision has the authority to issue a revocatur.
The process for seeking revocatur involves filing an appeal or motion with the appropriate court or administrative agency, outlining the grounds for revocation and providing supporting evidence.
Not all decisions can be revoked. Generally, only decisions that are subject to appeal or review can be revoked.
If a decision is revoked, it means that the original decision is no longer valid or enforceable. The case may be sent back to the lower court or administrative agency for reconsideration or a new decision may be issued.
In some cases, a decision may be revoked without going through the appeals process if both parties agree to a settlement or if there are exceptional circumstances that warrant immediate revocation.
Revocatur and overturning a decision are similar concepts, but they may have different legal implications depending on the jurisdiction. Revocatur generally refers to the act of canceling or revoking a decision, while overturning a decision typically involves a higher court reversing the decision of a lower court.
In some cases, a decision may be revoked even after it has been implemented. However, the revocation may have practical implications and may require additional legal steps to address any consequences that have already occurred.
The potential outcomes of seeking revocatur include having the original decision upheld, having the decision revoked and a new decision issued, or having the case sent back to the lower court or administrative agency for reconsideration. The specific outcome will depend on the circumstances of the case and the arguments presented during the revocatur process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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