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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).
Cleve Schultz
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In federal court what is pellet?
Do you mean appellate? An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
What do Remanded for findings mean?
Appellate and supreme courts do not generally make "findings of fact." That means they don't think about issues of witness credibility, specific damage amounts, what the conditions of a road were at a particular time, etc. Those jobs are reserved for the trial court. An appellate/supreme court will remand for findings when it wants to send the case back to a trial court for the trial court to get more information before reaching its verdict.
What does it mean when an appellate court sends a case back to the trial court?
apelleate court sends a case back to the trial court
What does decision of the court mean?
.... is called a VERDICT (verdicts are rendered by a jury); court decisions are typically called judgements.
What does judgment of the court mean?
That means the same as the decision of the court. It is the same as the judgement of the court. It is the same as the finding of the court. It is the same as the verdict of the court.
What does pellet court mean?
The correct term is appellate court. It is a court of appeals, where one goes when you believe a lower court has made an error of law.
What does appellate jurisdication mean?
Power to see a case that has been seen already by a lower court
What does mean when a lower court decision is upheld?
laws where followed correctly verdict uphelp
What does it mean what a lower court decision is upheld?
laws where followed correctly verdict uphelp
How do you appeal a decision made by the court of appeals for 'reverse and remand'?
If you mean the federal Court of Appeals, you file a petition for Writ of Certiorari with the Clerk of the Supreme Court of the United States of America pursuant to the rules of the Supreme Court. A court of appeals decision to "reverse and remand" is no different than any other ruling that an appellate court may make; therefore it may be appealed immediately. In fact, virtually every case that is reversed is remanded to the lower court for further action consistent with the ruling of the appellate court. The only time a reversed case is not remanded is when the appellate court itself enters judgment for the other party. The fact that a case is remanded to the lower court does not mean that the parties must return to the lower court first. If you mean a state court of appeals, the same thing most likely holds true; however with 50 different states, each allowed to have its own appellate rules of appellate procedure, you should look to that particicular state court's rules of procedure.
What does it mean if an appellate court affirms a judgment?
"Affirmed" means the appeals court found no error or cause to reverse the decision of the lower court, and upheld the original decision. This means the decision of the lower court is final, unless the losing party petitions a higher court of appeal (if one exists). If the highest court capable of reviewing the case affirms the lower court decision, the decision is binding and the case legal complete (res judicata).When an appellate court 'affirms' the decision, they are agreeing with the lower court.As an example, let's say:Matt is arrested and charged with first degree murder. During the trial, it comes out that the police did not read Matt his Miranda Rights. If Matt is convicted of murder, he has the option to appeal to a higher court.Matt appeals over the fact that he was not read his rights after arrest. If the appellate court 'affirms' the previous court's decision, Matt's appeal was dismissed (or Matt lost).Matt would still be forced to serve the first degree murder sentence.
What does it mean that courts have original and appellate jurisdiction?
The original jurisdiction is the jurisdiction in which charges are originally filed by the court (or state). An appellate jurisdiction is a court of appeals that takes a court case when an appeal is filed to hear in an appellate court.
