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A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
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.
A grant, vacate, remand (GVR) is a type of order issued by the Supreme Court of the United States in which the Court simultaneously grants a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings.
“Plaintiffs do not oppose a limited remand so the district court may re-issue judgment in full compliance with Rule 65(d) should this Court prefer that course,” the filing said.
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held, 8–0, that the jurisdictional test established by §27 of the Securities Exchange Act of 1934 is the same as 28 U.S.C. § 1331's [1] test for deciding if a case "arises under" a federal law.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
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 ...
The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial "de novo".