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

A reversal and remand on appeal are two different outcomes that can occur when a case is brought before an appellate court. Both refer to the way an appellate court deals with a lower court’s decision and the overall outcome of the case. A reversal is when an appellate court decides that the lower court made an incorrect decision on a matter of law and overturns the lower court’s ruling. The process then “reverses” the lower court decision, meaning that the original decision in the case is changed. In West Virginia, a reversal of a criminal conviction could lead to a new trial. A remand, on the other hand, means that the appellate court is sending the case back down to the lower court for further proceedings, such as a new trial or other action. In such a situation, the appellate court will give instructions to the lower court on how the case should be addressed. In a criminal context, a remand may be ordered if the court finds that the trial was not conducted properly or if the defendant’s rights were violated. In this instance, the appellate court will send the case back down to the lower court with instructions on how to proceed. In summary, a reversal is when the appellate court overturns a lower court’s decision and the original decision is changed, whereas a remand is when the appellate court sends the case back down to the lower court with instructions on how to proceed.

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