Legal Question in Administrative Law in New Mexico

legal distinctions

If a Federal Appeals Court issues an opinion (precedential) with an order to Vacate and Remand back to the subordinate court consistent with their opinion, what is the legal effect or meaning of them issuing a followup ''mandate''?


Asked on 4/12/07, 10:30 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: legal distinctions

The court's opinion is the explanation of its legal rationale for the ruling that it makes (e.g., reverse, remand, etc.). The "mandate" is the order to the lower subordinate court directing it to take action consistent with the opinion. Until the mandate issues, the opinion can be changed. After the mandate issues, the only way the opinion can be changed is by recalling the mandate, or by a higher court.

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Answered on 4/12/07, 10:44 am


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