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When the United States Supreme Court grants certiorari and reverses a decision of a state supreme court or a Federal appeals court, it may remand the case. Likewise, an appeals court may remand a case to a trial court. A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the ...
The federal court has the discretion to accept the case as a whole or remand the issues of state law, however the court must apply state substantive law to state law claims, as opposed to federal law—a practice which is in-line to actions brought under 42 U.S.C. 1983.
Pursuant to California Rule of Court 2.506 and Government Code Section 68150(h), courts may impose fees for the costs of providing access to its electronic records. Several superior courts do so, including Alameda, Los Angeles, Riverside, Sacramento, and San Diego, and the fees have been criticized by Thomas Peele as exorbitant and ...
The high court struggled over the next few years, without success, to formulate a coherent standard of review for this new kind of appellate review. [34] Regardless, the state legislature ratified and endorsed the new concept of administrative mandate in 1945 by enacting Code of Civil Procedure section 1094.5. [34]
The term remittitur originated in English common law, where it was a procedural device used by the plaintiff to correct errors in the trial record. Under 18th century English law, the jury could not award more damages than the plaintiff had requested in their complaint; when (on rare occasion) juries disregarded this rule, appellate courts could overturn the jury award and order a new trial ...
An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
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