Reversed and remanded. What does it mean?
4 attorney answers
Usually rand means the case is sent back to the original lower court for proceedings consistent with the appellate decision.
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Essentially, that is correct. The Supreme Court's decision is final, yes, but it does not conclude the case. The Supreme Court is telling the court of appeals to decide the appeal again using the correct standard. It is not telling the court of appeals what the result under that standard should be.
Remand means the case is returned to the lower court for reconsideration in keeping with the directions of the supreme court decision.
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Remand means the lower court must follow the ruling the higher court made as the case now proceeds. Remand means sent back to the lower court of law to be tried or dealt with again.