Remand (court procedure)

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The procedure retrial procedure is used by a higher court to send the case back to the lower court for further action.

Under United States law, the appellate court returns the case to the district court for actions such as a new trial. The federal appeals court, including the Supreme Court, has the power to "restore [a] the cause and... require further process as is possible under these circumstances." This includes the power to create a summary of "grant, empty and return" or GVR orders.

The appellate court adjudicates cases in which they can not decide. For example, cases may be returned when an appeals court ruled that a court judge had committed procedural errors, excluded acceptable evidence, or improperly ordered a motion.

In the jurisdiction of general law, remand refers to the delay (continuation) of the criminal process, when the defendant is either held in custody or by bail. The appellate court is reported to submit the matter to a lower court for further consideration.

Video Remand (court procedure)

Detail

When the US Supreme Court grants Certiorari and reverses the decision of the state Supreme Court or the Federal Court of Appeals, it can return the case. Likewise, the appeal court may return the case to court. A detention may be a full detention, essentially commanding a completely new trial; when an appeals court granted a full detention, the lower court's decision was "reversed and returned."

Or, it may be "by instruction" that establishes, for example, that lower courts must use different legal standards when considering facts already entered in the proceedings. Partial detention occurs when the appeals court reinforces confidence when directing the lower court to review the trial trial phase. Finally, he can return the case after concluding that the lower court made a mistake and also did not adjudicate the issues to be considered.

Federal courts can also reimburse when civil cases are filed in state courts and the defendant moves the case to a local federal district court. If a federal court ruled that the case was not a case in which removal was allowed, it could return the case to a state court. Here, the federal court is not an appeals court as in the case above, and the case is suspended because the federal court dismissal is inappropriate.

In the federal court in the United States, it is possible for the Court of Article III to return the case to court of Article I (if this case was initially decided by the court of Article I and then appealed to court III), or to a high-level administrative tribunal in the executive body for return the case to the lower courts within the same institution.

While the court of Article III is permitted to return the case to court of Article I, there is a recent tendency that issued a judge of judges from the power to return the case to the state court. The same legal basis for divesting judges of their power to restore logically can be applied to Article I judges.

Maps Remand (court procedure)

See also

• The order of GVR
• Reman (detention)
• Criminal justice
• Related concepts

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Note

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References

• Rosenbloom, David H.; O'Leary, Rosemary (1997). Public Administration and Legal . New York: M. Dekker. p.Ã, 66. ISBNÃ, 978-0-585-08202-8.
• Van, Dervort T. R.; Van, Dervort T. R. (2000). American Law and the Legal System: Equal Justice Under the Law . Albany, NY: Western Law Studies/Thomson Studies. p.Ã, 186. ISBNÃ, 978-0-7668-1740-1.

Source of the article : Wikipedia