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What is a court case brought from a lower court to a higher court called?
A court case brought from a lower court to a higher court is called an appeal. In an appeal, the higher court reviews the decision made by the lower court to determine if any errors were made in applying the law.
If a judge remands a case where is the case sent?
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.
What is a return date in court?
A return date in court is the date on which a party is required to appear in court for further proceedings in a case. It is typically set by the judge to address specific issues, such as scheduling hearings, entering pleas, or reaching settlements. It is important to adhere to return dates to avoid legal consequences.
What is one decision that an appeals court can make in a case?
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.
How did Dred Scott's case make it to the Supreme Court?
Dred Scott's case made it to the Supreme Court because he sued for his freedom after living in a free state and a free territory with his owner. The case went through several lower courts before ultimately being appealed to the Supreme Court.
The return of a case to a lower court for a trial is called?
It is called a remand.
An appellate court may decide to remand the decision of a lower court?
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.
What is a appeals court?
a court for someone who has lost a case in a lower court
When an appeal is filed in a case which court has jurisdiction the lower court or higher court?
A 'higher' court will hear an appeal from a 'lower' court
What is the decision of the lower court if the US Supreme Court refuses to hear a case?
The decision of the lower court is final.
What is a court case brought from a lower court to a higher court called?
A court case brought from a lower court to a higher court is called an appeal. In an appeal, the higher court reviews the decision made by the lower court to determine if any errors were made in applying the law.
What is the outcome when a case is reversed and remanded by the Supreme Court?
When a case is reversed and remanded by the Supreme Court, it means that the decision made by the lower court is overturned, and the case is sent back to the lower court for further proceedings or a new trial.
What does it mean if a losing side in a court case wants to appeal the case?
It means that they want another shot at the case or they think the lower court was wrong, so they appeal to a higher case which reviews the lower court's decision for an error in law and facts. If they win on appeal, the appellate court either rules in their favor or remands (returns) the case back to the lower court to redecide.
Why is it important if the court decides not to see a case?
If a court decides not to review a case then it actually upholds the decision of the lower court.
Can you appeal to the Supreme Court in this case?
Yes, you can appeal to the Supreme Court in this case if you believe there was a legal error in the lower court's decision.
How does a case that reaches the supreme court by certificate do so?
Used when a lower court is not clear about the procedure or rule of law that should apply in a case. The lower courts ask the Supreme Court to certify the answer to a specific question matter.
When an Appellate court Rejects verdict?
Here is one example to answer this question. A New York State appellate court can chose to review a case from a lower court or it let the verdict of the lower court stand. If it does agree to review a case where the defendant was found guilty in a lower court, then the case is returned to the lower court. The prosecutor can chose to re-try the case or decide not to. Allot of that decision depends on the reason the appellate has sent the case back to the lower court. If as example, the appellate has ruled that the defendent was not properly read his/her Miranda rights upon arrest, this cannot be corrected so the case most likely will be dropped.
