New Trial - Law Dictionary Search Results

22), which gives the House of Lords power to refuse these appeals. See CRIMINAL APPEAL; CROWN CASES RESERVED; NEW TRIAL; PRIZE Court; PRIVY COUNCIL. An appeal is essentially continuation of the original proceedings and the provisions applied at

Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa

without a verdict, as if a jury he discharged for inability to agree, may be followed by a new trial, as was held by the Exchequer Chamber in Winsor v. Reg., (1866) LR 1 QB 390, where the

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Larrison rule

Larrison rule, means the doctrine that a defendant may be entitled to a new trial on the basis of newly discovered evidence of false testimony by a government witness if the jury might

Non-direction

omission on the part of a judge to enforce a necessary point of law upon a jury. See NEW TRIAL; and see (English) Jud. Act, 1875, s. 22, which preserves the right of any party to have the

Misdirection

Misdirection, an error in law made by a judge in charging a jury. See R.S.C. Ord. XXXIX., and NEW TRIAL. --is something which a judge in his charge tells the jury and is wrong or in a wrong

Surprise

to believe that this evidence, if foreseen, might have been rebutted, contradicted, or explained, the Court grants a new trial, on such conditions as to costs as seems fit. See also NONSUIT and TRIAL.

Challenge

the causes above named, the jury-processes maybe directed to the coroner, or they would be grounds for a new trial. (2) A challenge to the polls, which is an exception to one or more of the jurors who

Certification of assize

a matter passed by assize before justices, now entirely superseded by the remedy afforded by means of a new trial.

Additur

order, issued usually, with the defendant's consent, that increases the damages awarded by the jury to avoid a new trial on ground of inadequate damage. The term may also refer to the increase itself, the procedure, or the

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