31 related questions found

What happens when an appellate court reviews a case quizlet?

3. The appellate court can remand (send back) the case to the trial court for further proceedings consistent with its opinion on the matter. 4. The court might also affirm or reverse a decision in part.

What is it called when an appellate court sends a case back?

remand - When an appellate court sends a case back to a lower court for further proceedings.

What is reverse and remand?

Reverse and Remand

This means that the Court of Appeals found an error and the case is remanded, or sent back, to the same trial judge to re-decide the case. Many times issues can only result in a remand back to the same trial judge.

What is an appellate court decision called?

The appellate court only reviews what happened in the trial court to decide if a legal mistake was made in the original trial; for example, to see if the trial court judge applied the wrong law to the facts of the case.

What is the meaning of the term appellate power?

The Appellate power or appellate jurisdiction of the court is the power to hear appeals against the decision of lower court or tribunal and to review, amend, modify or overrule the decision given by lower Court.

What does it mean when an appellate court agrees with a lower court's decision quizlet?

The different decisions of the courts are? in this decision the appellate court agrees with the lower court. in this decision the appellate court overturns decision of lower court. in this decision the case is sent back to lower court for further action.

What does reversed mean in court?

Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.

When a lower court decision is appealed to the Supreme Court which is most likely to occur?

When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur? -The Supreme Court will reprimand the lower court judge for improperly deciding the case. -The Supreme Court will reconsider the case, and overturn the lower court decision.

What is the writ of certiorari?

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

What is affirm remand and reverse?

AFFIRMED AND REMANDED: The trial court reached the correct result in a civil case but the matter has to go back to the trial court for additional proceedings or for any other reason set out in the opinion. REVERSED: The appellate court determines that the trial court committed reversible error.

What is appellate jurisdiction quizlet?

Terms in this set (30)

Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right.

What is appellant and appellee?

The party who appeals a lower court's decision in a higher court. The appellant seeks reversal or modification of the decision. By contrast, the appellee is the party against whom the appeal is filed. Suppose P sues D, and wins.

What does it mean when an appellate court affirms a case?

An appellate court can affirm the ruling that was the subject of the appeal. In doing so, the court agrees that the prior ruling was “valid and right and must stand as rendered below” Courts, administrative boards, and other similar bodies have used “affirm” to mean “approve”

What is appellate jurisdiction of the Supreme Court?

The power of the higher court to review the decision or change the result of the decisions made by the lower courts is called appellate jurisdiction. The Supreme Court in India is the highest court of order in the country. It can hear appeals in cases like civil cases and criminal cases.

What does remanded with instructions mean?

Your appeal is remanded when the appellate courts discover that some error was made. The higher court will provide instructions on what further actions will be taken after a case is sent back to the lower court. When an appeal is remanded, it doesn't indicate that the final decision was wrong.

What happens when a lower court decision is overturned?

When a criminal conviction or sentence is overturned in a higher court, if the court reverses the lower court ruling entirely, then the defendant is free and cannot be recharged or retried. The conviction must be erased from his official criminal record.

What does it mean when someone is in remand?

When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. The majority of prisoners on remand have not been convicted of a criminal offence and are awaiting trial following a not guilty plea.

What happens if the Supreme Court refuses to hear a case on appeal from the lower courts?

What happens when the Supreme Court refuses to hear a case? When the Supreme Court refuses to hear a case the decision of the lower court stands.

When the Court of Appeals affirms a case it sends the case back to the trial court True or false?

State court systems were created by the Constitution of the United States. When you ask a higher court to review your case, you are making an appeal. When the Court of Appeals affirms a case, it sends the case back to the trial court. The Supreme Court gets the last word about what the Constitution really says.

When an appellate court remands a case that means quizlet?

When a case is remanded, it is sent back by a higher court to the court from which it came for further action.