97. remand

What is Remand in Legal Terms?

Remand refers to the act of sending a case back to a lower court for further proceedings or placing a defendant in custody while awaiting trial. It is commonly used in appellate courts when they determine that the lower court made errors requiring reconsideration.

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Types of Remand:

1. Judicial Remand – When an appellate court sends a case back to a trial court for further review or retrial.

2. Custodial Remand – When a defendant is ordered to remain in custody before trial instead of being released on bail.

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Examples of Remand in Action:

• A federal appeals court remands a case for a new trial due to procedural errors.

• A defendant is remanded to police custody pending further investigation.

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5 Reference Pages for Remand with URLs

1. Cornell Law School – Legal Information Institute: Remand

   • URL: https://www.law.cornell.edu/wex/remand

   • Explanation: Defines remand, explains its use in appellate courts, and distinguishes between judicial and custodial remand.

2. FindLaw – Understanding Remand in Appeals

   • URL: https://www.findlaw.com/litigation/appeals/what-does-remand-mean.html

   • Explanation: Explains how appellate courts use remand in civil and criminal cases, with examples of when it is applied.

3. US Courts – Federal Appeals and Remand Process

   • URL: https://www.uscourts.gov/about-federal-courts/types-cases/appeals

   • Explanation: Discusses the federal appellate process, including how and why cases are remanded for further proceedings.

4. Justia – Remand in Criminal and Civil Law

   • URL: https://www.justia.com/laws/remand/

   • Explanation: Covers remand in both criminal and civil cases, including examples of remand orders and their legal implications.

5. Wikipedia – Remand (Legal Term)

   • URL: https://en.wikipedia.org/wiki/Remand_(court_procedure)

   • Explanation: Provides an overview of remand in different legal systems, including its use in the United States and other countries.

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