What is the difference between a reversal and a remand on appeal?
A reversal and a remand are two different results of an appeal in North Carolina. A reversal is when an appellate court decides that the lower court made a mistake in its decision and overturns the decision made by the lower court. This means that the decision of the appellate court replaces the decision of the lower court. On the other hand, a remand is when an appellate court sends the case back to the lower court with instructions on what to do differently. This basically means the appellate court has found that the lower court made a mistake but the appellate court does not feel comfortable making the decision themselves so they are sending it back to the lower court to be handled properly. In some cases, a remand can be a better option than a reversal because it allows the lower court to reconsider the case with the added benefit of direction from the appellate court. This type of outcome may be more favorable for all parties involved because the lower court is better equipped to address the specific circumstances in the case. Overall, the difference between a reversal and a remand on appeal is that a reversal is when an appellate court replaces the decision of the lower court and a remand is when it sends the case back to the lower court for further proceedings.
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