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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 ...
A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may ...
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.
If the appellate court finds no defect, it "affirms" the judgment. If the appellate court does find a legal defect in the decision "below" (i.e., in the lower court), it may "modify" the ruling to correct the defect, or it may nullify ("reverse" or "vacate") the whole decision or any part of it.
One paragraph. The Court initially granted review of only Question 1 of the cert petition. After hearing arguments, the Court dismissed as improvidently granted, but simultaneously issued a grant, vacate, remand of the entire cert petition in light of Anza v. Ideal Steel Supply Corp., which had been decided the same day. Maryland v. Blake
568 U.S. 1 Decided November 5, 2012. Fourth Circuit vacated and remanded. The Supreme Court vacated a Fourth Circuit ruling that a civil rights plaintiff who had been awarded an injunction, but not monetary damages, was not entitled to attorney's fees as a "prevailing plaintiff" under 42 U.S.C. §1988. The Court ruled that the plaintiff was indeed a "prevailing plaintiff" within the meaning of ...
On remand, the Seventh Circuit now granted habeas relief to Corcoran, indicating that the state courts should reconsider its sentence in order to comply with state law. The Supreme Court vacated the Seventh Circuit's ruling. The Court ruled that Federal courts may only grant a writ of habeas corpus if a violation of federal law is found.
In the Court's early years, attorneys might argue a single case for hours or even days; but as the judicial workload increased, the time available for argument has been restricted. The late Chief Justice Rehnquist was noted for his especially strict enforcement of the argument time limits.