Which of the following is correct when a case is remanded?
Asked by: Aliza Ferry | Last update: January 28, 2026Score: 4.8/5 (59 votes)
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What happens when a case is remanded?
Remand is when higher courts send cases back to lower courts for further action. For example, in U.S. law, appellate courts remand cases to district courts for actions such as a new trial.
Which of the following occurs when a case is remanded?
Remand refers to the process of sending a case back to a lower court for further proceedings. This typically occurs when an appellate court reverses the decision made by a trial court. The appellate court's ruling guides the actions that the trial court must take when reviewing the case again.
What does remand mean in court terms?
To remand something means to send it back, or to return. The usual contexts in which this word are encountered are in the reversal of a lower court, or regarding the custody of a prisoner. A prisoner is said to be remanded when they are sent back into custody to await trial.
What occurs when a case is remanded in Quizlet?
What does it mean when a case is reversed and remanded? The case is overturned and sent back to the lower court for further hearing.
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What does it mean when a case is remanded back?
To remand a case means an appellate court sends it back to a lower court or agency for further action, often to correct an error, reconsider evidence, or retry part or all of the case, essentially "sending back" the proceedings to the original jurisdiction with instructions or for a new trial. It can also refer to a judge sending a defendant back to jail pending trial.
When a case is remanded, it means the lower court verdict has been overturned.?
"Reversed"means the appellate court disagrees with the lower court's ruling on the issue and changes it. And"remanded"means the appellate court sends the case back to the lower court for further action, which could be a new trial or some other process based on the appellate court's instructions.
What is the meaning of being remanded?
To be remanded means to be sent back, usually in a legal context, either sending a case back to a lower court for further action or sending a person back into custody (like jail) to await trial or further proceedings, often after a request for bail is denied. It essentially means to be returned to a previous stage or authority for reconsideration or further processing.
Does remand mean no bail?
According to a recent report from the California Department Of Insurance, “there are approximately 175,000 bail bonds written per year in California.” However, there are some occasions in which a defendant may be denied bail. This is known as being “remanded without bail.”
What does granted mean in legal terms?
In legal terms, 'granted' refers to the official approval or acceptance of a motion or request made to the court. When a motion is granted, it signifies that the court has decided in favor of the party making the request, allowing them to proceed with their legal strategy or action.
What are the two types of precedence?
Generally, there are two types of legal precedents: Binding precedent – Precedent that a court must abide by in its adjudication of a case. Persuasive precedent – Precedent that a court may, but is not required to, rely on in deciding a case.
Can new evidence be introduced after remand?
If granted, the case is sent back for a new trial to consider the new evidence. Remand to the Trial Court: In some situations, the appellate court may remand the case to the trial court for further proceedings, allowing the introduction of new evidence.
Is remanding a case good or bad?
A remand usually occurs only from a higher court to a lower court, and cases are remanded only if there is an error or issue the lower court needs to fix. This often indicates a positive development for defendants when a post-conviction appeal is submitted.
Is remand a good or bad outcome?
The short answer is: it depends. While a remand isn't a final decision, it also doesn't mean your claim has been denied. Instead, it signals that the Board believes your case needs more evidence, clarification, or procedural corrections before a final ruling can be made.
When an appeals court decides that a case is remanded, which of the following occurs?
Option D: It is sent back to the court that originally heard the case. This is the correct answer. Remanding a case means returning it to the original court for further proceedings, often because the appeals court found some procedural error or needs further information.
What is the maximum days of remand?
Sub-section (2) of Section 167 is particularly significant as it lays down the procedure for remand and sets a maximum limit of 15 days for police custody.
What does it mean if a case is remanded?
To remand a case means an appellate court sends it back to a lower court or agency for further action, often to correct an error, reconsider evidence, or retry part or all of the case, essentially "sending back" the proceedings to the original jurisdiction with instructions or for a new trial. It can also refer to a judge sending a defendant back to jail pending trial.
How long does a remand take?
Remand to be granted in cases of real necessity. Magistrate should dis- courage tendency of Police to take remand to Extort confession. Remand cannot be granted for m o r e t h a n 1 5 days. Procedure when accused is brought before a Magistrate to obtain remand.
What is remand of case?
To remand a case means an appellate court sends it back to a lower court or agency for further action, often to correct an error, reconsider evidence, or retry part or all of the case, essentially "sending back" the proceedings to the original jurisdiction with instructions or for a new trial. It can also refer to a judge sending a defendant back to jail pending trial.
Is a remand a final order?
As a general rule, district court decisions remanding disputes to an agency are not final or appealable. Remands normally mean more remains to be done in the agency. An immediate appeal from a remand would likely require staying these administrative proceedings. An immediate appeal could also lead to piecemeal review.
What are the grounds for remand?
You may be put on remand if: you've been convicted of a crime in the past. the court thinks you might not go to your court hearing. the court thinks you might commit a crime while on bail.
What is a motion to remand?
A motion to remand seeks to return jurisdiction of a case pending before the Board to the Immigration Judge. Parties may, in appropriate circumstances, move to remand proceedings to the Immigration Judge to consider newly available evidence or newly acquired eligibility for relief.
What is a remanded appeal?
A remand is when the Board of Veterans' Appeals (the Board) sends an appeal back to us to gather additional evidence or take some other action.
What does it mean when a decision is vacated and remanded?
Vacating a decision means to cancel it. "For the average person," at least, "vacate" is synonymous with "cancel" or "overturn." Remanding the case to the lower court means to send it back down to the lower court for further action.