What does it mean when a case is remanded?
Asked by: Prof. Jacques Brakus III | Last update: September 10, 2023Score: 4.2/5 (52 votes)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand [a] cause [sic] and ...
What does remanded mean legally?
a. : to send back (a case) to another court or agency for further action. b. : to return to custody pending trial or for further detention.
Why are cases remanded?
A remanded appeal simply means that the case is sent back to the lower courts. This occurs when the appellate court finds that the lower court's judge made some error related to the laws or facts in your case.
What does it mean when a defendant is remanded?
If a person who is accused of a crime is remanded in custody, they are kept in prison until their trial begins. If a person is remanded on bail, they are told to return to the court at a later date, when their trial will take place.
What does it mean if a case is reversed and remanded?
Reverse and Remand
This means that the Court of Appeals found an error and the case is remanded, or sent back, to the same trial judge to re-decide the case. Many times issues can only result in a remand back to the same trial judge.
🔵 Remand Meaning - On Remand Exampled - Define Remand - Legal English
What is the consequence of the court's decision to reverse and remand the case?
Reverse: This means that the Appellate Court decides that the decision of the lower court was wrong. When this happens, the Appellate Court vacates (cancels) the decision of the lower court. Remand: This means that the Appellate Court tells the lower court to hear the case, or part of the case, again.
Is remand a good thing?
This is a frustrating development because it creates a delay in processing your claim for benefits. However, a remand can also be considered positive news because it means the initial claim denial has not been upheld.
What is a sentence with remanded?
He was remanded in custody to appear at the same court for trial. They were remanded back into custody. He was held on remand until a trial early next year. All four were all remanded in custody.
What is the status of a remand?
If a person who is accused of a crime is remanded in custody or on bail, they are told to return to the court at a later date, when their trial will take place.
What is another word for remanded?
synonyms for remanded
On this page you'll find 25 synonyms, antonyms, and words related to remanded, such as: delayed, negotiated, postponed, adjourned, assessed, and charged.
What is the difference between remand and reverse?
When a judgment is reversed, the Court usually remands the matter for a new trial to be carried out consistent with the principles announced in its opinion. Remanded in Part - a portion of the judgment of the lower court was remanded. Reversed - changes to the contrary to opinion of the lower court/body.
Is remand the same as removal?
Remand means that a higher court sends back, or returns a case to the lower court. Our law firm will frequently file a motion to remand a case back to state court. If the federal court decides that the case was not one in which removal was appropriate, it will remand the case back to the state court.
What happens when a case is reversed?
n. the decision of a court of appeal ruling that the judgment of a lower court was incorrect and is therefore reversed. The result is that the lower court which tried the case is instructed to dismiss the original action, retry the case or change its judgment.
What is another word for remand in law?
A referral of a case back to another (especially a lower) court of law. remission. remittal. transfer. consignment.
What appellate judges look for when they review a case?
Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.
What is the court's decision called?
Judgment: A court decision. Also called a decree or an order. Judgment File: A permanent court record of the court's final disposition of the case.
Can you remove again after remand?
Courts across the country have consistently held that section 1446(b) permits a party to file a second notice of removal after an unsuccessful attempt at removal. The mere fact that a case was previously remanded is not dispositive and does not by itself preclude a defendant from filing a second removal.
What does remand mean in the bail determination?
: to allow (someone) to post bail and wait for trial at home instead of in prison.
What is a remand letter?
In general terms, a remand is an order from the appellate court sending a case back to a lower court with some instructions for further action to be taken by that lower court.
What is an example of inmate in a sentence?
Two inmates managed to escape during the riot. Some prison inmates have gone on hunger strike. The prison has had little success in rehabilitating inmates.
What is an example sentence for jail?
Example Sentences
Noun He was locked up in the county jail. He was arrested and sent to jail. He went to jail for his crimes.
What is bail sentence?
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
What percentage of remanded VA disability cases are approved?
Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted. Of this 35.75 percent, 19.61 percent (16,729) were allowed without any remanded issues, while 16.14 percent (13,763) were allowed with at least one remanded issue.
How long does it take a VA judge to make a decision after hearing?
The Veterans Benefits Administration usually takes 12 to 18 months to review appeals and decide whether to grant some or all of the appeal. When you request a review from a Veterans Law Judge at the Board of Veterans' Appeals, it could take 5 to 7 years for you to get a decision.
Is remand good in modern?
It's also a very important card in Modern storm (whenever it's a deck), where Remanding your own Grapeshot or Empty the Warrens means you basically get "double storm +1" because you can cast it again, and because Remand adds to the storm count.