When an appellate court overturns a lower court`s decision, the written decision often includes an instruction to refer the case back to the lower court for reconsideration in light of the court of appeal`s decision. Cases are also referred to federal agencies for reconsideration in disputes involving regulatory or administrative decisions. See INS v. Ventura. According to the law, pretrial detention means sending a case back for review by another court – or detaining a person who has been arrested until they appear in court. If a court of appeal refers an appeal case back to the court of first instance for further consideration, the case is referred back as such. This usually happens when the trial judge has made an error that requires a new hearing or hearing. For example, suppose a trial court refuses to adduce certain evidence (because it believes it is inadmissible under hearsay). If the Court of Appeal decides that the evidence should have been admitted and that the exclusion of the evidence was prejudicial to the party offering it, the Court of Appeal would likely send the matter back for a new hearing and order the presentation of the evidence. Anglo-French remander, from Middle French, remember, from late Latin remandare return the word, from Latin re- back + mandare to order A prisoner must be remanded in custody if returned to pre-trial detention pending trial. Pre-trial detention means „return order“ or „removal“. After losing a case in a lower court, lawyers will often appeal to a higher court. If the higher court reviews the case and finds that it made certain types of errors, it will simply dismiss it and tell the lower court how it failed to measure up to the task the first time: for example, by not giving thorough instructions to the jury or by ignoring a recent related court decision.
v. to return. An appellate court may refer a case back to the court of first instance for a new decision if it overturns the lower court`s verdict, or after a preliminary hearing, a judge may refer a person accused of a crime if he determines that the accused should be brought to trial. See the full definition of remand in the dictionary English Language Learners In some cases, a court will send a case back for an entirely new trial, and in other cases, it may order the new court to apply different legal standards or to decide only on the sentence of an accused. When a judge detains an accused criminal – and keeps them in custody until the case goes to court – it is often because they have a criminal record or have been charged with very serious crimes. IN DETENTION. To return or re-engage. If a detainee is brought before a judge on habeas corpus in order to obtain his freedom, the judge hears the case and releases him or her not; If there is a reason for his imprisonment, he detains him. A higher court may refer a case to a lower court for the lower court to take a specific action ordered by the higher court. A detainee in pre-trial detention is returned to prison after a preliminary hearing before a court or judge until the trial is resumed or proceedings commence. To take something into custody is to send it back.
Pre-trial detention means return. The usual contexts in which this word is encountered are the annulment of an appeal decision and the imprisonment of a prisoner. When a court of appeal refers a case back to the same court from which it originated for action.