What is the status of a remand?
Asked by: Prof. Kianna Conn Jr. | Last update: August 17, 2023Score: 4.7/5 (13 votes)
“Remand” is a judicial word that means “return the case.” Thus, when a court “remands” a case, that means that they “return” the case to whichever court is designated. Generally, a case is remanded/returned to the court from which the case arrived. A remand goes only from a higher court to a lower court.
What does it mean if a case is remanded?
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 remand mean in legal terms?
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.
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.
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 is remand?
Is remand good or bad?
A case is NOT remanded unless there is some error or some correction that the lower court must make. For defendants, a remand is usually a “good” thing if a post-conviction appeal has been filed.
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 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 does remand mean in the bail determination?
: to allow (someone) to post bail and wait for trial at home instead of in prison.
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 happens when a case is overturned?
After an appeal is granted, most often the appellate court will remand the case back to the trial court with instructions on how to fix the errors that the lower court made. If the errors tainted the verdict, the appellate court can order a new trial.
What is a remand home?
remand home. noun. (no longer in technical use) an institution to which juvenile offenders between 8 and 14 years may be remanded or committed for detention: See also community home.
What do lawyers say in court when they don't agree?
When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.
What is a remand in black law?
REMAND Definition & Legal Meaning
To remand a prisoner, after a preliminary or partial hearing before a court or magistrate, is to scud him back to custody, to be kept until the hearing is resumed or the trial comes on.
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.
What is the word for someone who has been in jail?
Ex-offender, Ex-con, Ex-Offender, Ex-Prisoner. Person or individual with prior justice system involvement; Person or individual previously incarcerated; Person or individual with justice history.
What is a better term for prisoners?
There are better alternatives—alternatives that center a person's humanity first and foremost. These include “person who was convicted of a crime,” “person who is incarcerated,” “person convicted of a felony,” and “person seeking lawful status.” These words and phrases matter.
What is the term for being released from jail?
"Parole." Vocabulary.com Dictionary, Vocabulary.com, https://www.vocabulary.com/dictionary/parole.
What does it mean when a case is reversed and remanded?
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.
What does remand mean Oxford dictionary?
remand somebody (+ adv./prep.) to send someone away from a court to wait for their trial that will take place at a later date The two men were charged with burglary and remanded in custody (= sent to prison until their trial).
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 called remand?
a. to send back (a case) to a lower court from which it was appealed, with instructions as to what further proceedings should be had. b. ( of a court or magistrate) to send back (a prisoner or accused person) into custody, as to await further proceedings.
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 percentage of remanded disability cases are approved?
What Percentage of Remanded Disability Cases Are Approved? While statistics vary, you have a 21 to 50 percent chance of getting approved for disability benefits after a remand hearing.