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 ?
Defense lawyers can ask a judge for a directed verdict at the end of testimony.
A party who fails to move for directed verdict at trial waives any right to later request a judgment notwithstanding the verdict.
68(2) could not confer like jurisdiction to hear an appeal against a directed verdict of acquittal as is conferred upon the NSW Court of Criminal Appeal by s.
Since the directed verdict cannot be appealed, the case, at last, is closed.
It was too late to bring in a new expert, so we decided that our only options were to settle the case or to do our best to survive a directed verdict an d recover with the cross-examination of the defendant's engineering expert.
There will be an opportunity to deal with the judgment as well as post-trial motions for a new trial and to set aside the directed verdict.
A prima facie case Pets the plaintiff nest a directed verdict in a jury case or a motion to dismiss in a nonjury case.
Established and unrebutted adherence to the clinical practice guidelines would be sufficient to have the court enter a directed verdict for the defendant.
We're looking at a directed verdict," he said with a worried look.
After a three and one-half week trial, and close of evidence, the district court granted a directed verdict in favor of Vlingo on Nuance's unsubstantiated claim of willful infringement.
In the end, we were able to obtain a directed verdict from the Court on our third cause of action and a unanimous jury verdict in our favor in under three hours on our other two causes of action.
Perez moved for a directed verdict, telling Judge Janet Kenton-Walker that the charges had not been proven.

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