USA HISTORY

THE 1970S 1969 1979

SUPREME COURT CASE ROE V WADE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
When an appellate court returns the case to the trial court for the case to be heard again after an appeal. Basically a “redo”
A
Affirm
B
Reverse
C
Remand
D
Appeal
Explanation: 

Detailed explanation-1: -A remittitur is a document that transfers jurisdiction over the case back to the trial court. A remittitur also says if any party is eligible to recover costs from the appeal.

Detailed explanation-2: -The Bombay High Court has made it clear that an order of remanding case back can be passed by the Appellate Court only if the trial Court skips finding on certain issue or decides the suit only on preliminary issue by leaving open the vital issue in respect of the real controversy between the parties.

Detailed explanation-3: -The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

Detailed explanation-4: -Appellate Court Is Not Obligated To Remand Matter Back For Fresh Trial Merely Because It Framed New Issues: MP High Court. The Madhya Pradesh High Court, observed that appellate court is not obligated to remand matter back for Fresh Trial merely because it framed new issues.

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