QUASHING Meaning and
Definition
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Quashing, in the legal context, refers to the act of nullifying, overturning, or setting aside a legal decision, judgment, or order by a higher court. It is a process by which a court deems a lower court's decision or ruling as incorrect, thereby rendering it void and without legal effect.
When a party believes that a judgment or decision handed down by a lower court is unjust, erroneous, or based on a mistake of law, they may file an appeal or request to have the decision quashed. Quashing can take place due to various factors, such as procedural irregularities, improper interpretation of the law, abuse of judicial discretion, or lack of jurisdiction.
Typically, the party seeking to have a decision quashed must present valid grounds and evidence to justify their request. The jurisdiction and specific rules governing quashing may vary depending on the legal system and the court involved.
Quashing plays a crucial role in ensuring the fairness and integrity of the legal system. It allows for the correction of errors or injustices committed by lower courts, ensuring that justice is served and that individuals' rights are protected. By quashing a decision, a higher court voids the legal consequences of the initial decision, thereby restoring the status quo ante or initiating a new legal process.
Common Misspellings for QUASHING
Etymology of QUASHING
The word "quashing" has its origins in the Middle English word "quashen", which was derived from the Old French word "casser". "Casser" came from the Latin word "quassāre", meaning "to shatter" or "to break". Over time, "quashen" evolved into "quash" in English, which means to annul or suppress something, typically a legal decision or an action. So, "quashing" is the present participle form of the verb "quash".
Conjugate verb Quashing
CONDITIONAL
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FUTURE
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FUTURE PERFECT
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will have quashed
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PAST
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quashed
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PAST PERFECT
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had quashed
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PRESENT
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PRESENT PERFECT
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have quashed
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am quashing
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would have quashed
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