New Trial - Law Dictionary Search Results
Home Dictionary Name: new trial Page 1 of about 41 results (0.004 seconds)New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
new trial
new trial : a repeat inquiry by the same court into all or some of the issues in an action for the purpose of correcting a problem (as the improper admission of evidence) in the prior trial, determining the merits of a challenge (as that the verdict is contrary to law) to the prior outcome, or considering newly discovered evidence compare appeal ...
Venire facias de novo
Venire facias de novo, a second writ to summon another jury for a new trial.The venire de novo was the Old Common Law method of proceeding to a new trial, and differed materially from granting a new trial, inasmuch as it was awarded from some defect appearing upon the face of the record, while a new trial was granted for matter entirely extrinsic. Where a verdict could have been amended, a venire de novo was never awarded. If awarded, the party succeeding at the second trial was not entitled to the costs of the first. It has since been superseded by a trial de novo. The Court of Criminal Appeal can order a writ of venire de novo to issue, R. v. Crane, (1921) 2 AC 299, and R. v. Dennis, 40 TLR 420. See also NEW TRIAL....
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Bill of exceptions
Bill of exceptions. Prior to the Judicature Acts, if a judge, at the trial of a cause at Nisi Prius, mistook the law, either in directing a judgment of nonsuit or in refusing or admitting evidence or challenges, and other matters, the counsel for the party dissatisfied with the ruling of the judge might tender a bill of exceptions at any time before verdict, and require the judge to seal it.By the Judicature Act, 1875, Ord. LVIII., r. 1, bills of exception are abolished. But it is provided by s. 22, 'that nothing in the said Act, nor in any rule, etc., shall prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury, etc.: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal, founded upon an exception entered upon or annexed to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by mot...
appeal
appeal [Old French apel, from apeler to call, accuse, appeal, from Latin appellare] : a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect ;also : a proceeding for the review of an agency decision at a higher level within the agency or in a court see also affirm compare certiorari, new trial, rehearing NOTE: The scope of an appeal is limited. The higher court will review only matters that were objected to or argued in the lower court during the trial. No new evidence can be presented on appeal. ap·peal·abil·i·ty [ə-pē-lə-bi-lə-tē] n ap·peal·able [ə-pē-lə-bəl] adj vt : to take (a lower court's decision) before a higher court for review : undertake an appeal of (a case) vi : to take a lower court's decision to a higher court for review ...
Exemplary damages
Exemplary damages, damages on an unsparing scale, given in respect of tortious acts, committed through malice or other circumstances of aggravation. In Belt. v. Lawes, (1884) 2 QBD 356, an action by a sculptor for libellously styling him an impostor, the jury awarded 5,000l. damages, and a rule for a new trial on the ground (amongst others) of excessive damages was discharged by the High Court. The Court of Appeal affirmed this judgment, but laid it down that the Court had power to refuse a new trial on the plaintiff alone, and without the defendant consenting to the damages being reduced to such an amount as the Court would not consider excessive had they been given by the jury.Where a cause of action survives against or for the benefit of a deceased person's estate, the damages recoverable shall not include any exemplary damages. [(English) Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41)]...
Weight of evidence
Weight of evidence, such superiority in the evidence for one side over that for the other as calls for a verdict for the first. When a new trial is asked for on the ground that the verdict is against the weight of the evidence, the judge who tried the cause is consulted, and it does not very often happen that a new trial is ordered if he reports that he is satisfied with the verdict (R.S.C. Ord. XXXIX., r. 6, and notes thereto in Annual Practice).The persuasiveness of some evidence in comparison with other evidence, Black's Law Dictionary, 7th Edn., p. 1588....
Trial de novo
Trial de novo, means a new trial on the entire case i.e. on both the questions of law and fact, conducted as if there had been no trial in the first instance, Black's Law Dictionary, 7th Edn., p. 1511....
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