Instructed Verdict - Law Dictionary Search Results

Home Dictionary Name: instructed verdict

instructed verdict

instructed verdict see verdict ...

instruction : an explanation of an applicable principle of law given by a judge to a jury before the jury retires to consider its verdict called also jury charge jury instruction NOTE: Under both the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, at the close of evidence, or before the close if the court reasonably so directs, any party may file written requests for the instructions to be given to the jury by the court. The court must advise the parties of its decision regarding the instructions prior to closing argument so that the parties may address the instructions during argument. Any objections to the instructions must be made before the jury retires for deliberation. ...

Mischarge

Mischarge, an erroneous jury instruction that may be grounds for reversing a verdict, Black's Law Dictionary, 7th Edn., p. 1013....

mandatory instruction

mandatory instruction : an instruction that sets out a factual situation which if found by the jury to be supported by the evidence requires a certain verdict ...

remittitur

remittitur [Latin, it is sent back, remitted, third person singular present indicative passive of remittere to send back, remit] 1 a : a procedure under which a court may order the reduction of an excessive verdict ;esp : a procedure in which the court requires the plaintiff to remit the portion of the verdict deemed excessive in lieu of a grant of a defendant's motion for a new trial or of a reversal if the court is an appellate court b : a remission to a defendant by a plaintiff of the portion of a verdict considered excessive by the court c : the formal agreement or stipulation of a plaintiff waiving or releasing the right to receive the portion of a verdict considered excessive compare additur 2 : a sending back of a case and its record from an appellate or superior court to a trial or inferior court for further proceedings (as additional findings of fact) or for entry of a judgment in accordance with instructions or the decision of the higher court ...

issue

issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...

Jury

Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...

Trade Union

Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...

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