Louisiana Private Investigator Licensing Practice Exam

What is the process called when an appellate court sends a case back to a lower court?

1. Appeal

2. Remand

3. Retrial

4. Review

The correct answer is: Remand

The process in which an appellate court sends a case back to a lower court is known as remand. When an appellate court identifies that a trial court made an error—whether in its decision, procedures, or the application of the law—it can remand the case, meaning it instructs the lower court to take further action. This could involve reevaluating the evidence, conducting a new trial, or correcting the legal issues identified by the appellate court. Remanding is an essential part of the appellate process because it allows the lower court to rectify any problems and ensures that the case is handled correctly according to the law. This process contrasts with appeal, which refers to the act of seeking a review of a lower court's decision, and retrial, which specifically denotes a new trial rather than a general return of a case for further proceedings. The term review often refers to the broader process of examining the lower court's record, rather than the specific action of sending the case back.