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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 defendants in the second action discovered and presented evidence of the malfeasance, and while the trial court refused dismissal on that ground, on appeal the Sixth Circuit reversed the trial court and remanded for dismissal, and the Supreme Court affirmed. [4]
Remand is not required where there is nothing left to do in the case. "Generally speaking, an appellate court's judgment provides 'the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified'". [16]
The Supreme Court remanded the case back to the Court of Appeals with instructions to use the more appropriate comparison. Further if, on remand, the Respondents did establish a prima facie disparate-impact case, the Petitioners would then need to "produce evidence of a legitimate business justification" for the hiring practices that created ...
Judicial economy or procedural economy [1] [2] [3] is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case.
Trial court's judgment reversed and remanded. Judgment in plaintiffs' favor holding that the gratuity received by plaintiffs' was not taxable as income reversed and remanded where there was no evidence which indicated that the compensation paid to plaintiff husband by the corporation for which he worked was based on anything other than the ...
Seventh Circuit vacated and remanded. In 1997, a jury found Joseph Corcoran guilty of murdering four men and he was sentenced to death. The trial court included three factors in its justification of the sentence: the innocence of those killed, the heinousness of the crime, and his potential to commit these crimes in the future.
In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial. Powell was the first time the Court had reversed a state criminal conviction for a violation of a criminal procedural provision of the United States Bill of Rights. [1]