Which term means sending a case back to the lower court for reconsideration?

Which term means sending a case back to the lower court for reconsideration?

• A. Remand
• B. Writ of certiorari
• C. Original intent
• D. Writ of mandamus

Answer: (A)

Remand is the action of sending a case back to the lower court for reconsideration. When an appellate court finds error but not enough to fully overturn the decision, it often remands the case to the trial court with instructions to correct the identified issues, conduct further fact-finding, or apply the law as clarified by the appellate ruling. This differs from a writ of certiorari, which is a request for the higher court to review the lower court’s record; a writ of mandamus, which is an order directing a government official to perform a duty; and original intent, which is a method of interpreting constitutional text by focusing on the framers’ intent. So, remanding directly involves sending the case back to the lower court for reconsideration.

Remand is the action of sending a case back to the lower court for reconsideration. When an appellate court finds error but not enough to fully overturn the decision, it often remands the case to the trial court with instructions to correct the identified issues, conduct further fact-finding, or apply the law as clarified by the appellate ruling. This differs from a writ of certiorari, which is a request for the higher court to review the lower court’s record; a writ of mandamus, which is an order directing a government official to perform a duty; and original intent, which is a method of interpreting constitutional text by focusing on the framers’ intent. So, remanding directly involves sending the case back to the lower court for reconsideration.