Remand

Remand in the United States

The sending of a case back to the original trial court after an appeal. The case is remanded when there are matters that require reconsideration under the terms of the appellate court decision. The term remand also applies to a prisoner who is sent back to detention following a court proceeding.

See Also

Double Jeopardy (Apellate Judicial Process) Reversal (Apellate Judicial Process) Vacate (Apellate Judicial Process).

Analysis and Relevance

A case is typically remanded when the judgment of a trial court is vacated. The effect of either reversing or vacating is to set aside the outcome of the basic fact dispute because of legal error in the initial trial. When a court vacates or reverses, it does not address the fact issues after it sets aside the judgment. Rather, it sends the dispute back to the court that heard the case originally. The court may then hear the case in a manner that eliminates or otherwise remedies the error found in the original trial. The plaintiff in a civil dispute will likely bring the case again, although he or she is under no legal obligation to do so. Criminal cases are a little different because of the presence of the double jeopardy protection. Reprosecution after successful appeal has never, however, been barred by the double jeopardy prohibition. Thus, prosecutors may recharge in remanded criminal cases. The prosecutorial decision rests on what the appeals court found wrong with the first trial and whether a strong enough case remains after taking the appellate ruling into account. If, for example, the error found in the first trial focuses on a vague jury instruction, the prosecutor’s case remains intact; the prosecutor may use all the evidence presented in the first case. In this situation, the prosecutor will file charges. If, on the other hand, the original case was reversed because the defendant was improperly advised prior to interrogation, the prosecutor cannot use any statements from the defendant produced by the interrogation. It is possible that those statements constituted the bulk of the prosecution’s case. Given that the statements are inadmissible in a second trial, the prosecutor may conclude that reprosecution is pointless because conviction is not possible.

Notes and References

  1. Definition of Remand from the American Law Dictionary, 1991, California

Remand Definition

To send back. Of Prisoner. The ordering of a prisoner’s return to custody pending proceedings, or on a determination that he is not entitled to release. Of a Cause. The sending it back to the same court out of which it came, for the purpose of having some action on it there. March, 100.

Remand in Foreign Legal Encyclopedias

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Remand Remand in the World Legal Encyclopedia.
Remand Remand in the European Legal Encyclopedia.
Remand Remand in the Asian Legal Encyclopedia.
Remand Remand in the UK Legal Encyclopedia.
Remand Remand in the Australian Legal Encyclopedia.

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Remand Remand in the Family Law Portal of the American Encyclopedia of Law.
Remand Remand in the IP Portal of the American Encyclopedia of Law.
Remand Remand in the Commercial Law Portal of the American Encyclopedia of Law.
Remand Remand in the Criminal Law Portal of the American Encyclopedia of Law.
Remand Remand in the Antritrust Portal of the American Encyclopedia of Law.
Remand Remand in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Remand Remand in the Constitutional Law Portal of the American Encyclopedia of Law.
Remand Remand in the Tax Law Portal of the American Encyclopedia of Law.
Remand Remand in the and Finance and Banking Portal of the American Encyclopedia of Law.
Remand Remand in the Employment and Labor Portal of the American Encyclopedia of Law.
Remand Remand in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Remand Remand in the Environmental Law Portal of the American Encyclopedia of Law.

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Remand related entries Find related entries of Remand

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Legal Issue for Attorneys

To send back. Of Prisoner. The ordering of a prisoner’s return to custody pending proceedings, or on a determination that he is not entitled to release. Of a Cause. The sending it back to the same court out of which it came, for the purpose of having some action on it there. March, 100.

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Notice

This definition of Remand Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Remand

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 197 REMANDA remand is an appellate court’s act in returning a case to a lower court, usually unnecessary when the appellate court affirms the lower court’s judgment. When the Supreme Court reverses or vacates a state court judgment, it customarily remands for “proceedings not inconsistent” with the
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Meaning of Remand

In plain or simple terms, Remand means: “To send back”. For example, an appellate court may remand a case to a lower court for retrial.

Appeals Council Remand (in Disability Claims)

Some information about Appeals Council Remand in this context.

Unfavorable Decision by the Alj After Remand by the Appeals Council (in Disability Claims)

Some information about Unfavorable Decision by the Alj After Remand by the Appeals Council in this context.

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    Remand in Custody: Critical Factors and Key Issues, Trends & Issues in Crime and Criminal Justice; May 1, 2006; Sarre, Rick King, Sue Bamford, David

    Judicial Remands of Challenged Awards: Legal and Procedural Issues after Hall Street, Dispute Resolution Journal; November 1, 2008; Widman, Stuart M. Rome, Donald Lee

    Remand Reprimand; Prisons Inspector Calls for Teens to Be Kept out of Grim Adult Jails, Daily Mail (London); April 4, 2000

    Appellate review of remand orders: a substantive/jurisdictional conundrum., Iowa Law Review; May 1, 2006; Goodhue, Thomas C.

    RIFLEMAN REMAND KULUNG DIES OF WOUNDS SUSTAINED IN AFGHANISTAN., States News Service; August 15, 2010

    Imprisonment in Australia: The Remand Population, Trends & Issues in Crime and Criminal Justice; October 1, 2000; Carcach, Carlos Grant, Anna

    Police asked to follow previous HC direction on remand, The New Nation (Dhaka, India); June 11, 2010

    Police asked to follow previous HC direction on remand., The New Nation (Dhaka, India); June 11, 2010

    Third Circuit Clarifies Federal Court Jurisdiction Surrounding Remand to State Court, Mondaq Business Briefing; November 25, 2013; Forster, Paige

    INTERNATIONAL TRADE COMMISSION ISSUES NOTICE REGARDING NOTICE, SCHEDULING OF REMAND PROCEEDING, US Fed News Service, Including US State News; January 4, 2007

    District Court Can Stay Its Remand Order Pending Appeal, Mondaq Business Briefing; May 27, 2014

    Third Circuit Holds Motion for Reconsideration Does Not Avoid Prohibition of Appellate Remand Orders, Mondaq Business Briefing; September 11, 2013

    RIFLEMAN REMAND KULUNG KILLED IN AFGHANISTAN., States News Service; August 15, 2010

    Third Circuit Holds Motion for Reconsideration Does Not Avoid Prohibition of Appellate Review of Remand Orders, Mondaq Business Briefing; September 12, 2013; Stern, Jonathan

    Rights group: Remand hearings for Palestinians are predetermined, Jerusalem Post; March 12, 2007; DAN IZENBERG

    New Remand Centres Cut Overcrowding in Country’s Prisons, Cape Times (South Africa); November 27, 2007

    Appealing Remand Orders under the Class Action Fairness Act, Journal of Appellate Practice and Process; September 22, 2006; Horan, David L.

    Prevalence of HIV and hepatitis C virus infections among inmates of Ontario remand facilities, CMAJ: Canadian Medical Association Journal; July 31, 2007; Calzavara, Liviana Ramuscak, Nancy Burchell, Ann N Swantee, Carol Et al

    11 BDR suspects placed on fresh remand, The New Nation (Dhaka, India); April 2, 2009

    Court reinterprets remands, Jerusalem Post; November 13, 1995; EVELYN GORDON

    Remand in the Context of Law Research

    The Thurgood Marshall School of Law Library defined briefly Remand as: To send back for further proceedings, as when a higher court sends back to a lower court.Legal research resources, including Remand, help to identify the law that governs an activity and to find materials that explain that law.

    Remand in the context of Juvenile and Family Law

    Definition ofRemand published by the National Council of Juvenile and Family Court Judges:Lit., “to send back”; frequently used to describe the order transferring a minor to adult court for trial, or an adult court’s order sending a minor to the juvenile court. See also CERTIFICATION, FITNESS HEARINGS, TRANSFER AND WAIVER.

    Remand Definition in the context of the Federal Court System

    The act of an appellate court sending a case to a lower court for further proceedings.

    Remand: Open and Free Legal Research of US Law

    Federal Primary Materials

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    Federal primary materials about Remand by content types:

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    Legislative history traces the legislative process of a particular bill (about Remand and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Remand or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Remand and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Remand. Finding these decisions can be challenging. In many cases, researchers about Remand should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

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