Publication Date
1968
Abstract
THE disposition of a case is an essential and important part of any appellate court opinion. Absolute precision is required in stating the disposition, particularly where there are to be further proceedings on remand. What is to be done on remand? If there is to be a new trial, what is to be its scope? Are the issues on retrial to be limited? Are there to be findings in connection with some specific questions? Will the trial court understand the mandate? These are matters for consideration; and absent a careful approach, the opinion may lack that degree of clarity which renders it adequate for the purpose of the case under consideration.
Our system of law, however, extends beyond the case under consideration: The appellate court opinion goes into the mainstream of the law as a part of stare decisis. This fact poses an additional dimension in opinion preparation. The scope of this dimension includes standard as well as innovative procedures which may be directed for use on remand. It likewise embraces those situations where recognized procedural voids or gaps are permitted to continue without direction or because of obscure direction.
Recommended Citation
Bell, Griffin B.
(1968)
"Appellate Court Opinions and the Remand Process,"
Georgia Law Review: Vol. 2:
No.
4, Article 3.
Available at:
https://digitalcommons.law.uga.edu/glr/vol2/iss4/3