What is the difference between a reversal and a remand on appeal?

A reversal is a decision made by an appellate court that completely overturns the ruling of a lower court. A remand, on the other hand, is a decision made by an appellate court to send a case back to the lower court for review and re-evaluation. In Maryland, a reversal of the lower court’s decision by the appellate court must be based upon legally sound reasons. The appellate court will examine the facts of the case and the applicable law to determine if the lower court’s decision was made in error or was not properly supported by the evidence. If the appellate court finds that the lower court’s decision was not correct, they will reverse the ruling and set aside the lower court’s judgment. A remand, on the other hand, does not overturn the lower court’s decision. Instead, the appellate court will remand the case back to the lower court to make corrections or clarify certain aspects of the ruling. This can include examination of new evidence or testimony, or re-evaluation of existing evidence. The lower court can then make a new decision, which may, or may not, be the same as the one originally made. In summary, a reversal is a decision by an appellate court to completely overturn the ruling of a lower court, while a remand is a decision to send a case back to the lower court for review or re-evaluation.

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