To remand, or remanded, in general, means to send back. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court.
Whether or not it is good to have a case remanded depends on how you have made out so far in the case and whether the reason for remand was favorable to your arguments.
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.
Returning a case to a lower court means that the appeals judge has deemed that the case needs to be retried. The case may be said to have been reversed and remanded or just remanded.
In legal terms it can mean to "place into custody" or to send a case back to a lower court for some further action.
It may depend on the court - the case - and the decision rendered in that case. In a criminal case, if you have violated the court's (the judge's) order by not making restitution, you could be remanded for contempt of court. In a civil case it is likely only that you would be punished by other (non-jail) legal measures.
When a case is sent back to the trial court, it is "reversed and remanded", many people will just say "remanded". If a case is remanded, it means the original court made an error during the initial trial (which led to the appeal). The appellate court recognized and pointed-out the error, then sent it back to the trial court. The trial court is expected to re-hear the case, correcting the error.
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.
Affirmed - Reversed - Remanded
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.
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.
A layman's answer is that it means that the court doing the remanding orders the case go back to a lower court for reconsideration.
The case is sent back to the lower court to be re-tried.
A reversed and remanded law case has been granted certiorari. In other words, the Supreme Court has reversed it, but also given it back to the lower court for another decision.
The man was remanded to jail.The judge remanded the defendant to jail without bond.
I think the word you're looking for is "remanded".
It is sent back to the court of original jurisdiction to be re-tried or otherwise disposed of.
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.
Worst case scenario: You will be remanded to jail to serve out the remainder of your sentence.
vacated and remanded for a new trial
That means the case is sent back to the Trial Court that originally adjudicated the case. Usually cases that are remanded by the Appellate Court order further trial court proceedings.
When a case is decided by a trial court, the losing party may appeal the case to an appellate court. If the appellate court finds that the trial court made a mistake, as a matter of law, then the judgment may be reversed meaning that the court is invalidating the trial court's decision. It is then remanded, meaning sent back to the trial court, so that a judgment in the losing party's favor will be recorded.
The case is re-tried, or perhaps (at the option of the prosecution) the charges may be dropped or reduced.
well a motion lets the judge know whats happening and if its good enough to trial against or sew.
It depends completely on the judge's discretion. The worst case scenario is that you can be remanded to jail to serve the remainder of your sentence.