Special Verdict - Law Dictionary Search Results
Home Dictionary Name: special verdictSpecial verdict
Special verdict, a special finding of the facts of the case, leaving to the Court the application of thelaw to the facts thus found. See (English) R.S.C. 1883, Ord. XXVIII., r. 1, and Ord. XXXVI., r. 41. For instance of special verdict in a criminal case (which is very rare), see Reg. v. Dudley, (1884) 14 QBD 273, and NECESSITY (HOMICIDE BY)....
special verdict
special verdict see verdict ...
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...
Verdict
Verdict [fr. vere dictum, Lat.], the determination of a jury declared to a judge.1. A jury's finding or decision on factual issue of a case 2. Loosely, in a non jury trial, a judge's resolution of the issues of a case.The verdict is either general or special. A general verdict is given, viva voce, by the jury, thus, 'We find for the plaintiff, damages -,' or, if for the defendant, then, 'We find for the defendant.' In criminal cases a general verdict is either Guilty, or Not Guilty. If there be several issues, the verdict may be distributed, some issues being found for the plaintiff and others for the defendant. A verdict must comprehend the whole issues submitted to a jury in the particular cause, otherwise the judgment founded upon it may be reversed. See SPECIAL VERDICT; PREVERSE VERDICT....
interrogatory
interrogatory pl: -ries : a written question required by law to be answered under the direction of a court ;esp : a written question directed by one party to another regarding information that is within the scope of discovery see also general verdict and special verdict at verdict, special interrogatory NOTE: Interrogatories are widely used as a discovery device in civil procedure and also have limited use in criminal proceedings. An interrogatory may be objected to and does not have to be answered if the court determines that it is excessive or burdensome. An interrogatory may also be submitted by a judge to a jury when the court asks for a general verdict and wants to know the basis of the decision, or when the court requires the jury to return a special verdict. ...
special interrogatory
special interrogatory : an interrogatory addressed to a jury seeking a determination of a specific issue or issues of ultimate fact for the purpose of testing the deliberations and conclusions of the jury for consistency with the general verdict or when the court requires the jury to return a special verdict ...
Special jury
Special jury, a jury consisting of persons who, in addition to the ordinary qualifications, are of a certain station in society as esquires, bankers, merchants, etc. The Jurors Act, 1870, s. 6, provides that every man whose name shall be on the jurors' book for any county in England or Wales, or for the county of the City of London, and who shall be legally entitled to be called an esquire, or shall be a person of higher degree, or shall be a banker or merchant, or who shall occupy a private dwelling-house rated or assessed to the poor rate, or to the inhabited house duty, on a value of not less than 100l. in a town containing, according to the census then next preceding the preparation of the jury list, 20,000 inhabitants and upwards, or rated or assessed to the poor rate, or to the inhabited house duty, on a value of not less than 50l. elsewhere, or who shall occupy premises other than a farm, rated or assessed as aforesaid on a value of not less than 100l., or a farm rated or assess...
High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
Lunatic
Lunatic. By the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), s. 20, the word 'lunatic,' except in the phrase 'criminal lunatic' and in relation to persons detained as lunatics outside England, shall cease to be used in relation to any person of or alleged to be of unsound mind, and the words ''person of unsound mind,' 'person,' 'patient of unsound mind,' or 'of unsound mind,' or such other expression as the context may require are to be substituted in any enactment or document thereunder. See PERSON OF UNSOUND MIND. Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23).The general principle governing contracts entered into by insane persons is laid down in The Imperial Loan Co. v. Stone, (1892) 1 QB 559. 'Where a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing and proves the allegation, the contract is as binding on him in every respect, whether it is executory or executed, as if he had been sa...
Justifiable homicide
Justifiable homicide, the killing of a human creature without incurring any legal guilt. It is of various kinds:-(1) The due execution of public justice, inputting a malefactor to death who has forfeited his life by the laws of his country.(2) It may be committed for the advancement of public justice, as in the following instances: (a) Where an officer or his assistant, in the due execu-tion of his office, either in a criminal or civil case, arrests, or attempts to arrest, a person who resists and who is killed in the struggle. (b) In case of a riot or rebellious assembly, officers endeavouring to disperse the mob are justified in killing them, both at Common Law and by the (English) Riot Act (1 Geo. 1, c. 5). (g) Where the prisoners in a gaol assault the galore or officer, and he in his defence kills any of them; it is justifiable for the sake of preventing an escape. (d) Where an officer or his assistant, in the due execution of his office, arrests, or attempts to arrest, a person fo...
- << Prev.
- Next >>