directed verdict

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Directed Verdict

A procedural device whereby the decision in a case is taken out of the hands of the jury by the judge.

A verdict is generally directed in a jury trial where there is no other possible conclusion because the side with the Burden of Proof has not offered sufficient evidence to establish a Prima Facie case.

A directed verdict is provided for by federal and state rules of Civil Procedure. In a criminal action, an acquittal may be directed in favor of a defendant, based upon rules of Criminal Procedure

directed verdict

n. a verdict by a jury based on the specific direction by a trial judge that they must bring in that verdict because one of the parties has not proved his/her/its case as a matter of law (failed to present credible testimony on some key element of the claim or of the defense). A judge in a criminal case may direct a verdict of acquittal on the basis the prosecution has not proved its case, but the judge may not direct a verdict of guilty, since that would deprive the accused of the constitutional right to a jury trial. (See: judgment, verdict, element, acquittal, jury trial)

See: nonsuit

directed verdict

a verdict ordered by a court preventing the matter being considered by the jury, the matter being determined by law rather than fact.
References in periodicals archive ?
Nonetheless, a defendant is still required to file a post-verdict motion for judgment in accordance with the prior motion for directed verdict to preserve the issue for appellate review.
2002) (holding that motion for new trial preserved challenge to sufficiency of evidence on appeal notwithstanding defendant's failure to renew the motion for directed verdict at the close of all of the evidence).
Florida should join the list of jurisdictions that have updated their standard by recognizing the fundamental correlation between a motion for directed verdict and a motion for summary judgment.
480(a), a motion for directed verdict must state its specific grounds.
15] For example, a party should renew its motion for judgment in accordance with motion for directed verdict, and should move for a new trial based on the manifest weight of the evidence.
The failure to make a motion for directed verdict has been held to waive sufficiency of the evidence issues on appeal.

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