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When a case is remanded it goes back to the court where it was originally tried. In the federal court system, that would usually be a US District Court.
When a cases is sent back for further proceedings to the court that originally heard the case, it is actually being remanded. Remanded means that the original court now has control over the case.
When an appellate court returns a case to a lower court for further action, it is remanded. This does not represent the entirety of the decision, however; the court may also reverse, vacate, affirm in part and reverse in part, etc. The reason the case is remanded and the expected action to be taken are also included in the decision.
Not necessarily. Cases remanded back to a lower court are occasionally sent back down simply to be tweaked or have minor procedural errors corrected. If they were any more serious, the Appeals Court would have overturned them and vacated the finding or sentence. OR - if they were in majority agreement with the lower court the finding would have been "affirmed."
The disposition of an appeal is the judge's final ruling in the case, or what he decides to do to it. The three most common dispositions are: Affirmed, in which the judge agrees with the lower court and the original ruling stands, Reversed, in which the judge disagrees with the lower court and invalidates that opinion, and Remanded, in which the judge sends the case down to a lower court for further action. Cases are often both reversed and remanded.
AnswerBasically your verdict is dismissed and if the D.A. feels he still has a strong case he has to refile charges and try you again.AnswerThe decision is vacated and the case remanded to the lower court for a new trial.
When a case is remanded, it is sent from an appellate court to either a lower appellate court or the trial court with instructions to that court to take a particular action regarding the case. For example, if an appellate court vacates a conviction, it may remand the case to the trial court for a new trial.
It means the appelate court has reversed the trial courts finding (reversed) - and ordered the case returned to the lower court (remanded) - and has released (relinquished) its (the Appeals Courts) interest in the case back to the trial court.
An appellate court can return a case to a lower court by issuing a remand order. This generally occurs when the appellate court determines that the lower court made errors that require further proceedings or reconsideration. The remand allows the lower court to address the issues identified by the appellate court and potentially correct any errors in the initial decision.
When a person is remanded on bail, it means the court has ordered the defendant to be held in custody pending trial unless a bail bond is posted.
Affirmed - Reversed - Remanded
No, "reversed" means the lower court's decision is overturned, while "remanded" means the case is sent back to the lower court for further action or reconsideration.