Bourque Industries Inc (BORK)

[gotmilk]

verbs vacate & remand & more

11/19/2014 MEMORANDUM DECISION - VACATED AND REMANDED

The verb vacate has 3 senses

1. resign, renounce, give up
2. empty, abandon
3. revoke, annul, lift, countermand, reverse, repeal, overturn, rescind

The verb remand has 2 senses

1. remit, send back -- (refer (a matter or legal case) to another committee or authority or court for decision)
2. imprison, incarcerate, lag, immure, put behind bars, jail, jug, goal, put away

(or)

What does vacated and remanded mean

The term "vacated" means that the Court on appeal reviewed the lower court's decision, found error, and overturned it. The term "remanded" means that the appellate court sent the case back to the lower court to decide the case again using the rulings of the appellate court as a guide. It means a reviewing court, usually a court of appeal, has determined that a trial court judgement should be vacated, or in other words, eliminated. Remand means the case will now go back to the trial court for further proceedings consistant with the reviewing court decision.

(or)

Possible wording: "reverse and remand" or (done for this case) "vacate and remand"
Possible wording: (not done for this case) "judgement affirmed"

The "reverse and remand" or "vacate and remand" are from an appellate court decision based on a previous courts decision.

Remand has nothing to do with "remanding" the person into custody, and the judgment of reverse or vacate can apply to either the sentencing / convinction or both, but it is not separate. ( reverse doesn't just apply to crime and remand apply to sentencing ) When a sentence is vacated, it means the previous courts decision is void. When it is "reversed" it means the previous court was wrong, and the opposite decision should have been affirmed. However, Once a decision is made, the remedy or actions to correct the wrong judgement must also be re-addressed. ( I.E. you get wrongfully convicted of 1st degree murder, but still committed a crime resulting in death) Once the decision that your 1st degree murder charge was erroneous is made, your case (Not your person) is remanded (or sent back) to the previous court, to either retry the case based on the new info from the appellate court, or is remanded to a previous court to correct sentencing based upon the findings of the appellate court. judgement affirmed means that nothing needs to change and no errors were made in the previous courts procedure / decision.