vacatur造句

• Petitioner advances two arguments meant to justify vacatur on systemic grounds.
• Anne Lee Zimmerman, 13, Bristow, Va . _ vacatur
• The statute that supplies the power of vacatur provides:
• Today we examine vacatur once more in the light shed by adversary presentation.
• Obviously, this factor does not affect the primary basis for our denying vacatur.
• Mootness by reason of settlement does not justify vacatur of a federal civil judgment under review.
• We hold that mootness by reason of settlement does not justify vacatur of a judgment under review.
• This is not to say that vacatur can never be granted when mootness is produced in that fashion.
• Petitioner argues that vacatur is therefore fair to respondent, and seeks to distinguish our prior cases on that ground.
• We set the vacatur question for briefing and argument . 511 U . S .---( 1994 ).
• The reference to " happenstance " in Munsingwear must be understood as an allusion to this equitable tradition of vacatur.
• They also agree that vacatur must be granted where mootness results from the unilateral action of the party who prevailed in the lower court.
• They are not merely the property of private litigants and should stand unless a court concludes that the public interest would be served by a vacatur.
• Some opinions have suggested that vacatur motions at that level should be more freely granted, since district-court judgments are subject to review as of right.
• Although exceptional circumstances may conceivably justify vacatur when mootness results from settlement, such circumstances do not include the mere fact that the settlement agreement provides for vacatur.
• Although exceptional circumstances may conceivably justify vacatur when mootness results from settlement, such circumstances do not include the mere fact that the settlement agreement provides for vacatur.
• But such an exception to vacatur for mootness is not mentioned in Munsingwear; nor, we may add, do we see any reason of policy to commend it.
• It is irrelevant that the party who won below also agreed to the settlement, since it is the losing party who has the burden of demonstrating equitable entitlement to vacatur.
• The second factor, that there must be no other option available to the court to remedy the injury, could not be met because the vacatur would have prevented the complete deregulation.
• But while the availability of vacatur may facilitate settlement after the judgment under review has been rendered and certiorari granted ( or appeal filed ), it may deter settlement at an earlier stage.