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Politics : Electoral College 2000 - Ahead of the Curve -- Ignore unavailable to you. Want to Upgrade?


To: jttmab who wrote (4979)12/6/2000 5:33:13 AM
From: Ilaine  Respond to of 6710
 
I think your sentence is constructed correctly, but I have to admit I don't know the difference between "vacate" and "reverse," in this context. I do understand "remand."

When a higher court overturns a lower court's decision, they don't always remand. A remand is a direction to the lower court to do something over. The most common form of remand is to have a new trial. I don't recall ever seeing before a remand to the lower court to redecide its decision but obviously there is precedent.

Sometimes when a case is reversed, it's over, and there won't be a remand. It really depends on the facts of the case. For example, if the plaintiff prevailed on a legal theory that the appellate court threw out, then the plaintiff can't have a new trial.