when the appelate court has vacated the decision, but lacks sufficient facts to enter a judgment, thus remanding it to the trial court to enter a new judgment In the UK a remand hearing takes place to decide if an individule should be 'remanded' in custody until such time as the prosecution are ready to proceed with the case (remanded in custody means to be held in a prison without a conviction whilst awaiting trial before Magistrates or a Crown Court.)
To remand means to hand back to the care of a court or jurisdiction. So to remand to a high court means just that: to hand a case back to the high court.
remand
Remand
The court of Appeals has three options after they have reviewed a case in appeal. They can affirm the original conviction and keep the status of the case unchanged. They can reverse the decision and remand the case back into the lower court system. They also can remand, change or modify the conviction.
It is called a remand.
This is called a remand.
A case that is remanded is sent back to the lower court for a final decision. The appeal court who issues the remand has made a decision on some issue in the case, but has determined that the lower court is better able to decide the main issue: guilt/innocence, liable/not liable, etc.
Typically, the Appellate Court will either uphold a conviction or reverse and remand (meaning the case goes back to the lower court for a new hearing on the merits).
Yes, sort of. They don't remand the decision, but the case. "Remand" means to return a case to a lower court for further disposition. Usually this follows the reversal of the lower court's decision or identification of a judicial error during the trial or at sentencing, so the case may be "remanded" for a new trial or resentencing. The appellate court always specifies the reason for their decision, and the action they expect to be taken.
to a lower court"Remand" can have two meanings.An Appelate Court can remand a case back to a lower court for correction or further action,-OR-A trial judge can remand a defendant to jail if, after a preliminary hearing, they find there is reason to hold the accused for trial.
Typically, the Appellate Court will either uphold a conviction or reverse and remand (meaning the case goes back to the lower court for a new hearing on the merits).
IF the appeals court consents to hear the case, usually several judges will study and/or hear presentations on the case. They will then consider the arguments or matter under study and render their opinions on the case. The majority opinion will prevail.