Set Aside Definition and Legal Meaning

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

What is Set Aside?

(v) Set aside is the action of nullifying an order, decision or judgment by another order or decision or judgment of the same authority or a higher authority. By this action the position prior to the issue of original order is restored.

History and Meaning of Set Aside

The term "set aside" has its origins in English common law, and in modern legal use, it refers to the nullification of a previous order or judgment by a higher authority or a different, later decision. This action restores the situation to its previous state before the original order or judgment was issued.

Examples of Set Aside

  1. A judge may set aside a verdict of the jury in a criminal trial if they determine that the jury disregarded evidence that was crucial to the prosecution or defense.

  2. In contract law, a party can petition a court to set aside a judgment or decision if they can demonstrate that there was fraud or misrepresentation involved in the original agreement.

  3. A motion to set aside a default judgment is used in civil cases where one party fails to appear in court or respond to a lawsuit, and a judgment is entered in favor of the other party. The defaulting party can request that the judge set aside the judgment so that they can present their case.

Legal Terms Similar to Set Aside

  1. Vacate - This term means to cancel or nullify a previous order, but it usually implies that there will be no new order in its place.

  2. Annul - To annul a legal decision means to declare it invalid or void, as if it never existed.

  3. Revoke - This term describes the action of taking back or reversing a previous decision, often done by the same authority that made the original decision.

  4. Overturn - Similar to set aside, overturning a judgment means that a higher authority has reversed or nullified a previous decision.

  5. Quash - This term means to make void or nullify, often used in the context of legal proceedings such as subpoenas or warrants.