Law School Discussion

Higher court

Higher court
« on: September 13, 2011, 01:15:07 PM »
why does a higher court remand a case and not just give judgment?


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Re: Higher court
« Reply #1 on: September 13, 2011, 06:29:09 PM »
depends on the type of error and whether civil or criminal.

e.g., no reason to give judgment to a one party merely because the other party got some extra evidence before the jury that they shouldn't have had.  we allow a "do over" without the "bad" evidence.

also, e.g., no reason to give judgment if the appealing party lost a motion to dismiss based on jurisdiction.  the remedy = remand because you're just saying "the court has jurisdiction to hear the rest of the case"; there was no "rest of the case" already, so things have to proceed in the trial court further.