Question

An appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court? a. The appellate court found a mistake of fact that occurred during the initial trial. b. The appellate court wants to see more evidence before it can make an informed decision. c. The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case. d. The appellate court found a mistake of law that occurred during the initial trial.

Answer 1

Answer:

The correct answer is letter "D": The appellate court found a mistake of law that occurred during the initial trial.

Explanation:

A remand is a procedure in which a court sends a case to a lower court after a judgment has been given. A reconsideration of the case is to be provided presuming there has been a mistake of law in the final decision already dictated. In such cases a new trial is held, the facts are reviewed one more time and additional evidence is accepted to finally modify or correct the judgment.