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The return of a case to a lower court for a new trial is called a

a. remand
b. docket
c. brief
d. check

User Arney
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1 Answer

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Final answer:

A remand is the term for sending a case back to a lower court for a new trial or proceedings. It occurs when an appellate court identifies an error in the lower court's proceedings. This differs from a writ of certiorari, which is an order for the Supreme Court to review a lower court's decision.

Step-by-step explanation:

The return of a case to a lower court for a new trial is called a remand. This action typically occurs when an appellate court, such as a circuit court, determines that the lower court -- often a district court -- made a legal error or when additional proceedings are required that are outside the scope of the appellate court's authority. The remand directs the lower court to address specific issues or retry the case altogether.

Writs of certiorari are quite different. These are orders from the Supreme Court calling up the records of a lower court so that the case may be reviewed. If a writ of certiorari is granted, it means that the Supreme Court has agreed to hear the appeal from the lower court's decision. However, if certiorari is not granted, the decision of the lower court stands.

User Kristianp
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