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 ?
48) Thus, Anderson confirms the similarity between directed verdict and modern summary judgment and recognizes that the "substantive law, presumptions, and burdens of production and persuasion" bear on both directed verdict and summary judgment motions.
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.
At the conclusion of all the evidence, the defendant moved for a directed verdict on the ground of insufficiency of the evidence.
Since the directed verdict cannot be appealed, the case, at last, is closed.
In terms of the previous catalogue of presumptions, the predicate fact A is a request for more than a directed verdict, and the presumed fact B is not waiving the jury trial.
Depending upon the seriousness of the infraction, this can even lead to a directed verdict.
As a result, the punitive damage claim may be dismissed as a matter of law through summary judgment, directed verdict or judgment as a matter of law.
Superior Court Judge Josh Fredericks granted a directed verdict on July 18 after hearing four days of testimony and evidence from Veronica Oliveros' attorney, Rolando Hidalgo, but none from the county's lawyers.
However, in upholding a directed verdict for the officer's superior, the court held that, ".
The Court reversed the directed verdict for Jonathan, holding that his actions could "aid, abet, incite, compel or coerce" the unlawful retaliation against Schefke, and make him individually liable under the Act.
Saito said he is relying on an established judicial interpretation of the 1916 law as an antitrust rather than an anti-dumping statute, and has asked for a directed verdict that will dismiss the suit.

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