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.
Uphold the original decision - Overturn the original decision - Remand the case back to the lower court.
If an appellate court believes a decision was wrong, it may reverse or modify the lower court's ruling. Additionally, the appellate court could remand the case back to the lower court for further proceedings consistent with its findings. The court's decision may also include clarifications on legal interpretations to guide future cases.
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).
remand
An appellate court reverses the decision
An appellate court reverses the decision
An appellate court reverses the decision
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.
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).
When judges in an appeal court remand a case, they send it back to a lower court for further action or reconsideration. This decision often indicates that the appellate court found issues with how the original trial was conducted or that new evidence needs to be considered. The lower court is then tasked with addressing the specific concerns raised by the appellate court, which may involve conducting a new trial or reevaluating certain legal aspects of the case.
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).
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).