Remand - Law Dictionary Search Results
Home Dictionary Name: remandremand
remand [Anglo-French remander, from Middle French, to order back, from Late Latin remandare to send back word, from Latin re- back + mandare to order] vt 1 : to return (a case or matter) from one court to another esp. lower court or from a court to an administrative agency [the judgment of the trial court is reversed and the cause ed to the superior court for further proceedings consistent with this opinion "McCarton v. Estate of Watson, 693 P.2d 192 (1984)"] compare affirm 2 : to send (an accused) back into custody by court order (as pending trial) : turn (a prisoner) over for continued detention vi : to return a case to a lower court or other tribunal [the court ed for resentencing "K. A. Cohen"] n 1 : the act of remanding or state of being remanded 2 : an order remanding a case or person ...
Remand
Remand, means to return from one court to another especially lower court or from a court to an administrative agency, McCarton v. Estate of Watson, 693 2d 192 (1984).Remand, to re-commit, or send back to prison, one charged before a magistrate (see Indictable Offences Act, 1848, s. 21, and Summary Jurisdiction acts, 1848, s. 16 and 1879, s. 24), in the first instance for the sake of allowing further evidence to be collected and adduced at a further hearing.The act or instance of sending something (such as case, claim, or person) back for further action, Black's Law Dictionary, 7th Edn., p. 1295....
Remandment
A remand...
affirm
affirm 1 : to assert as true or factual 2 : to assert (as a judgment) as valid or confirmed [ed the lower court's ruling] compare remand, reverse vi 1 : to make a solemn declaration under the penalties of perjury in place of swearing an oath to which one conscientiously objects 2 : to uphold the judgment or actions of a lower court [the appeals court ed] af·fir·mance [ə-fər-məns] n af·fir·ma·tion [a-fər-mā-shən] n ...
remit
remit re·mit·ted re·mit·ting [Latin remittere to let go back, send back, give up, forgive, from re- back + mittere to let go, send] vt 1 a : to release from the guilt or penalty of b : to refrain from exacting [ a tax] c : to cancel or refrain from inflicting [ the fine] 2 : to submit or refer for consideration, judgment, decision, or action ;specif : remand 3 : to restore or consign to a former status or condition 4 : to send (money) to a person or place esp. in payment of a demand, account, or draft vi : to send money (as in payment) re·mit·ment n re·mit·ta·ble adj ...
separable controversy
separable controversy : a separate and independent claim or cause of action that by itself is removable to the federal courts even though it is joined with others that are not removable NOTE: If a case involves a separable controversy, the entire case may be removed and determined as a whole, or the court may remand those matters that were not removable and determine the rest. ...
Remand
To recommit to send back...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
In relation to any proceeding in any court
In relation to any proceeding in any court, the proceedings before a Magistrate in which he agrees with the report by the police under S. 169, Criminal Procedure Code, and the proceedings in remand or bail applications during investigation will not amount to proceedings in or in relation to court, Kamalapati Trivedi v. State of West Bengal, AIR 1979 SC 777: (1980) 2 SCC 91: (1979) 2 SCR 717...
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