remandate

Remandate is a term that appears in certain legal contexts, particularly within historical or less common legal systems. It essentially refers to a mandate or order that is sent back to a lower court or authority for further action. This action is typically a consequence of a higher court reviewing a decision made by the lower court. The higher court, having found an error or requiring further proceedings, issues a remandate to instruct the lower court on how to proceed.

The specific reasons for a remandate can vary. It might be to retry a case, reconsider a specific aspect of the ruling, hear new evidence, or correct a procedural defect. The remandate itself is a formal instruction, outlining the scope of the further proceedings required. It signifies that the case is not definitively closed by the higher court's decision but requires additional steps at the original level of jurisdiction.

The concept of remandate emphasizes the hierarchical structure of legal systems. A higher court possesses the authority to oversee and correct the decisions of lower courts. When a case is remanded, it effectively returns to the lower court for further development, but under the guidance and authority of the remanding court. This process ensures that legal judgments are handled with due process and that any errors are addressed appropriately.