Vacation of Sentence

Japanese translation: 刑(判決)の取り消し

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Vacation of Sentence
Japanese translation:刑(判決)の取り消し
Entered by: Takako Whilden

01:21 Aug 1, 2006
English to Japanese translations [PRO]
Law/Patents - Law (general)
English term or phrase: Vacation of Sentence
If there was something in your criminal record that was irregular, you may want to contact a good criminal attorney who can have the record erased.I am not talking about expungement, but Vacation of Sentence, which is called different things in different states.

Thank you in advance.
Takako Whilden
Local time: 12:18
刑(判決)の取り消し
Explanation:
We vacate the decision of the court of appeals, reverse the judgment of the district court, and remand for retrial.
当裁判所は控訴裁の判決を取り消し、地裁の判決を破棄し、再度の正式事実審理のため差し戻す。
http://www.hanrei-usa.net/dispbilingual.php?precedentid=21

If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.
http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdo...

「which is called different things in different states」の部分がどういうことなのか気になりますが・・・。
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sigmalanguage
Japan
Local time: 12:18
Grading comment
Thank you
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1刑(判決)の取り消し
sigmalanguage


  

Answers


6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
vacation of sentence
刑(判決)の取り消し


Explanation:
We vacate the decision of the court of appeals, reverse the judgment of the district court, and remand for retrial.
当裁判所は控訴裁の判決を取り消し、地裁の判決を破棄し、再度の正式事実審理のため差し戻す。
http://www.hanrei-usa.net/dispbilingual.php?precedentid=21

If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.
http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdo...

「which is called different things in different states」の部分がどういうことなのか気になりますが・・・。


sigmalanguage
Japan
Local time: 12:18
Works in field
Native speaker of: Native in JapaneseJapanese
PRO pts in category: 16
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  isoyo: http://beikokuhou.com/Dictionary/terms_v.htm
7 hrs
  -> Thank you!
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