What happens when an appellate court sends a case back to the lower courts. When an appellate court finds an issue with the decision of a lower court, the appellate court may send the case back to the lower courts with instructions to consider or not consider certain evidence, or with instructions to make a decision consistent with the appellate court’s findings. When a case is remanded, it isn’t the end of the matter. The lower court must adjudicate the case according to the instructions or orders of the higher court. The matter is resolved once a final ruling has been issued that is either not appealed nor granted an appeal.
Tag: RAW
Remand (Legal Terminology)
A term most often used in the court of appeals. This term refers to the appellate court’s decision to return the case to the court it was originally heard by, where further action will then be determined.
Remediation
Cleaning-up and restoring land that has become contaminated. Costs can be recovered under first party insurances and liability to third parties may be covered under environmental impairment liability. Local authorities can compel owners/occupiers to remediate contaminated land.
remittance advice (RA)
Document detailing services billed and describing payment determination (paid or denied) for one or more beneficiaries issued to providers of managed care or federal programs (Medicare or Medicaid) for a specific payment period; formerly known as Explanation of Medicare Benefits (EOMB) . Sometimes a payment check is attached to the form. Also known in some programs as an explanation of benefits, remittance notice, or standard paper remittance (SPR) .
remittance advice details (RAD)
Document that accompanies all Medi-Cal payment vouchers (checks) sent to providers of medical services.
Remittitur (Legal Terminology)
The process undertaken by the court to reduce an overly large jury verdict.
Remote cause
A non-dominant cause linked to a chain of events that culminates in a loss. The remote cause facilitates the loss rather than causes it. In Marsden v. City & County Assurance Co. (1865) a fire broke out and a mob assembled and broke plate glass windows in neighbouring premises with view to looting. The action of the mob, not the fire, was the proximate cause.
Remoteness of damage
Describes the lack of a sufficiently direct connection between the wrong complained of and the injury alleged to have been sustained. ‘Negligent’ defendants are not liable for damage that is too remote.
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Where damage is only indirectly caused by an event giving rise to liability, or where the occurrence of the damage could not reasonably have been foresee, it is said to be remote and is not recoverable.
Removal
A provision of the New York Standard Fire Policy in which the insurer agreed to cover the cost of removing covered property from the path of a fire. Presently, property policies express the agreement in terms of preservation of property from imminent danger of damage from any covered peril. Not to be confused with debris removal.
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Removing property to protect it from loss. Most personal and commercial property forms cover damage to property at another location when it has been removed from the premises to protect it from loss by a peril insured against.
Removal (Property Insurance)
The act of moving property out of a location to prevent it from being lost. Many property insurance forms will cover damage done to items moved to another location to prevent it from loss stemming from a covered peril.