Quash Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Quash, written in plain English, along with examples of how it is used.

What is Quash?

(v) Quash is the action by which a judge or the authorized person set aside an order or nullify the earlier actions. By quashing the position prior to the issue of orders is restored.

History and Meaning of Quash

Quash is a legal term that has been around for centuries. The origin of the term comes from the Latin word "quassare," which means to shake or shatter. In law, the term quash is used to refer to the action of setting aside or nullifying an order or a decision by a judge or authorized person. This action can be taken if it is found that the order or decision was made in error, was unlawful, or if there were procedural irregularities. When an order or decision is quashed, it has no legal effect, and the situation that existed before the order or decision was made is restored.

Examples of Quash

  1. The defendant filed a motion to quash the subpoena, arguing that it was overbroad and unduly burdensome.

  2. The court quashed the search warrant because it was obtained based on false information provided by the police officer.

  3. The appeal was quashed because the appellant failed to comply with the procedural rules.

  4. The judge quashed the indictment after finding that the prosecutor had engaged in misconduct during the grand jury proceedings.

Legal Terms Similar to Quash

  1. Overturn: This legal term is used to describe the action of a higher court reversing the decision of a lower court.

  2. Vacate: This term is used to describe the action of a court setting aside a previous decision or order. When a decision is vacated, the case is returned to the court for further proceedings.

  3. Revoke: This legal term is used to describe the action of canceling or rescinding a previous decision or order. When a decision is revoked, it is no longer in effect.

  4. Annul: This term is used to describe the action of making a previous decision or order legally invalid. When a decision is annulled, it is treated as if it was never made.