set aside Flashcards
(27 cards)
What does the term ‘set aside’ generally refer to in legal contexts?
معنای کلی اصطلاح ‘set aside’ در متون حقوقی چیست؟
(- در زبان عامیانه: کنار گذاشتن کتاب/پول = Set aside.
- در حقوق: ابطال حکم/قرارداد = Set aside.
)
To nullify or invalidate a decision or judgment.
ابطال یا بیاعتبار کردن یک تصمیم یا حکم قضایی
True or False: A set aside motion can be used to challenge a court’s ruling.
True
Fill in the blank: A set aside may be granted in cases involving ________ errors.
procedural
What is the primary purpose of a set aside in legal proceedings?
To correct mistakes or prevent injustice.
Which type of cases commonly utilize set aside motions?
Civil cases, including contract disputes and family law.
Multiple Choice: Which of the following is NOT a reason for a set aside? A) Fraud B) Incompetence C) New evidence D) Time management
D) Time management
What is the legal standard often required to succeed in a set aside motion?
A showing of good cause or substantial justification.
True or False: A set aside can only be filed before the judgment is finalized.
False
What is a common outcome if a set aside motion is granted?
The original judgment is vacated, and the case may be retried or reconsidered.
Fill in the blank: A set aside motion must typically be filed within a ________ period after the judgment.
specified
What role does the judge play in the set aside process?
The judge reviews the motion and determines whether to grant or deny it.
Multiple Choice: Which of the following can be a ground for a set aside? A) Change of mind B) Newly discovered evidence C) Personal feelings D) Lack of interest
B) Newly discovered evidence
True or False: A set aside can be requested by any party involved in the case.
True
What must a party usually demonstrate to support their set aside motion?
They must show that the original decision was flawed or unjust.
Fill in the blank: In some jurisdictions, a set aside can be based on ________ misconduct.
judicial
What is the difference between ‘set aside’ and ‘appeal’?
Set aside aims to nullify a judgment, while appeal challenges the correctness of a decision.
Multiple Choice: In which scenario would a set aside be appropriate? A) A party forgot to appear B) A witness recants their testimony C) The judge made a bad joke D) The law was misinterpreted
B) A witness recants their testimony
True or False: A set aside can lead to a complete retrial of a case.
True
What is a ‘motion to set aside’?
A formal request to a court to invalidate a previous ruling.
Fill in the blank: A set aside may be used to address ________ in a judgment.
inaccuracies
What is the significance of timeliness in filing a set aside?
Timeliness can affect the court’s willingness to grant the motion.
Multiple Choice: What is typically required in a set aside application? A) A fee B) A written statement C) A lawyer’s signature D) All of the above
D) All of the above
True or False: The set aside process is uniform across all jurisdictions.
False
What might a court consider when deciding on a set aside motion?
The merits of the case, the evidence presented, and the interests of justice.
