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Simple English definitions for legal terms
Mandate
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A quick definition of Mandate:
Term: Mandate
Definition: A mandate is a document that tells a lower court what to do after a higher court has made a decision. It gives the lower court the power to do what the higher court said should be done.
A more thorough explanation:
Definition: A mandate is a document that is used in appellate cases to formally notify the district court of the decision made by the court of appeals. This document also confers jurisdiction upon the district court for any additional proceedings that may be necessary.
Example: Let's say that a person was convicted of a crime in a district court and they appealed the decision to a court of appeals. If the court of appeals decides to overturn the conviction, they will issue a mandate to the district court to notify them of their decision and to give them jurisdiction over any further proceedings.
Explanation: This example illustrates how a mandate is used in an appellate case. The court of appeals issues the mandate to the district court to inform them of their decision and to give them jurisdiction over any additional proceedings. This allows the district court to take the necessary steps to comply with the decision made by the court of appeals.