Cassation is a legal term that refers to the setting aside or nullifying of a previous court decision. The word is spelled as [kasˈeɪʃən]. The first syllable is pronounced as "kas" with a short "a" sound. The second syllable is pronounced as "ay" with a long "a" sound. The third syllable is pronounced as "shun" with the "sh" sound and a short "u" sound. The final syllable is pronounced as "uh" with a short "a" sound. Mastering the correct spelling and pronunciation of legal terms like cassation can help people to navigate legal conflicts with ease.
Cassation is a legal term that refers to the process of annulling or setting aside a previous court decision or judgment. It is primarily associated with the legal systems of civil law countries. When a court exercises its power of cassation, it essentially declares a judgment or decision to be null and void, with the effect of erasing it from the legal record.
This legal concept is often employed when there are serious errors or irregularities in the legal proceedings that led to the original decision. It allows for the correction of any unjust rulings or verdicts, ensuring a fair and just legal outcome. Cassation is typically reserved for cases where there are substantial legal errors, such as misinterpretation or misapplication of law, procedural irregularities, or violations of fundamental rights.
In practical terms, when a case is subjected to cassation, it is taken to a higher court or appellate court, often referred to as the Court of Cassation, which has the authority to review the legal aspects of the case. The Court of Cassation does not examine the facts or evidence afresh, but it focuses on correcting legal errors made by the lower courts. If the Court of Cassation finds that there were indeed serious legal errors or irregularities in the original decision, it may annul the judgment, leading to a retrial or a modification of the decision.
Overall, cassation is an essential legal tool that allows for the revision and correction of erroneous decisions, thus promoting fairness and justice within the legal system.
The act of repealing or annulling.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The word "cassation" comes from the Latin word "cassatio", which is derived from the verb "cassare", meaning "to annul" or "to void". The term was originally used in Roman law and referred to the annulment or reversal of a court judgment. Over time, it became more specifically associated with an appeals court's power to set aside a lower court's decision. The term "cassation" has been adopted into various legal systems around the world, particularly in civil law jurisdictions.