比较欧洲的说法Remittal to the (department of) first instance 似乎是美国的说法:the appeal court has directed further proceedings in the trial court
2011/10/18 16:45 [来自德国]
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gejr
第2楼
REMAND
When an appellate court sends an appealed case back to the trial court for further action, the case is said to be remanded. This usually happens if the trial judge has made an error which requires a new trial or hearing. For example, assume that a trial court refuses to allow a party to introduce certain evidence (believing it to be inadmissible under the hearsay rule). If the appellate court decides that the evidence should have been admitted and that the exclusion of the evidence was prejudicial to the party offering it, the appellate court would likely remand the case for new trial and order the evidence introduced.
wolfjin
比较欧洲的说法Remittal to the (department of) first instance
似乎是美国的说法:the appeal court has directed further proceedings in the trial court
2011/10/18 16:45 [来自德国]
0 举报gejr
When an appellate court sends an appealed case back to the trial court for further action, the case is said to be remanded. This usually happens if the trial judge has made an error which requires a new trial or hearing. For example, assume that a trial court refuses to allow a party to introduce certain evidence (believing it to be inadmissible under the hearsay rule). If the appellate court decides that the evidence should have been admitted and that the exclusion of the evidence was prejudicial to the party offering it, the appellate court would likely remand the case for new trial and order the evidence introduced.
2011/11/10 09:26 [来自中国台湾]
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