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.
When a judge remands a case, it is sent back to a lower court or another decision-making body for further proceedings or reconsideration.
It is sent back to the court of original jurisdiction to be re-tried or otherwise disposed of.
It is unethical and illegal for a judge to kill a case. Judges are expected to preside over cases impartially and fairly, and any attempt to manipulate the outcome of a case is a violation of judicial ethics and can lead to severe consequences, including removal from the bench. If there are concerns about a judge's behavior in a case, it should be addressed through appropriate legal channels.
The judge who heard the case.
The judge applies the law in a court case. They interpret and enforce the laws to ensure that the trial is conducted fairly and justly.
A judge's ruling is the final decision issued by a judge in a legal case. It determines the outcome of the case and often includes the judge's reasoning behind the decision. A judge's statement is any formal declaration made by a judge during court proceedings, which can range from clarifying legal principles to providing instructions to the parties involved.
It is generally frowned upon for a judge to preside over a case involving a family member due to the potential conflict of interest. If such a situation were to arise, the judge would likely need to recuse themselves from the case and have another judge handle it.
It sends the case back to the lower court.
It sends the case back to the lower court.
After a preliminary hearing, a judge may send your case to trial if there is sufficient evidence to proceed. Alternatively, if the evidence is weak, the case may be dismissed. In some instances, the judge could also refer the case to a grand jury for further review and potential indictment.
A cover sheet, or cover letter when dealing with correspondence, is simply the letter to the judge that goes with some form of pleading in a court case (such as a notice of motion, affidavit or brief) that tells the judge what is being sent to him/her. It will itemize the items sent so that the judge knows that the pleadings being sent to him are all of the items that were intended to be sent.
Usually, the case will be sent to another venue so that the judge charged is not tried by another judge he/she has worked closely with. In the other venue, no judge having any connection to the judge charged will be eligible to hear the case. Changes in venue are governed by the rules of the courts of the state where the charges are brought.
Yes, most do, and especially so if they deal with a case that he is presiding over.
The judge is responsible for the orderly conduct of the trial, making rulings on motions and objections to procedures before, during and after trial, charging the jury on the law that applies to the case, and entering a judgment based on the jury verdict. Sometimes the judge also decides the case all on his or her own if there is no jury (a situation known as a bench trial). In appellate matters, the judge is responsible to review the record of the trial on appeal and make determinations whether there were any errors at trial that would render a verdict/judgment incorrect. The judge either affirms, reverses or reverses and remands the matter to the trial court for rehearing consistent with the appellate court's ruling.
He files a motion for an order to have the Judge recuse himself from the case.
It will depend on what the judge says. If the judge dismisses the case "With Prejudice" it means that the case cannot be brought again. If the judge dismisses the case "Without Prejudice" it means that the case can be brought again and the person could be charged again.
A "bench trial" is a case heard by a judge without a jury. In a jury case, the jury decides the facts of the case -- what is true and not true -- and the judge decides the law. In a bench trial, the judge determines the facts and the law.
It is unethical and illegal for a judge to kill a case. Judges are expected to preside over cases impartially and fairly, and any attempt to manipulate the outcome of a case is a violation of judicial ethics and can lead to severe consequences, including removal from the bench. If there are concerns about a judge's behavior in a case, it should be addressed through appropriate legal channels.
If the judge dismisses the case, the plaintiff is responsible for the court costs.