misdirection


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See: abuse, digression, distortion, maladministration, misrule

MISDIRECTION, practice. An error made by a judge in charging the jury in a special case.
     2. Such misdirection is either in relation to matters of law or matters of fact.
     3.-1. When the judge at the trial misdirects the jury, on matters of law, material to the issue, whatever may be the nature of the case, the verdict will be set aside, and a new trial granted; 6 Mod. 242; 2 Salk. 649; 2 Wils. 269; or if such misdirection appear in the bill of exceptions or otherwise upon the record, a judgment founded on a verdict thus obtained, will be reversed. When the issue consists of a mixed question of law and fact and there is a conceded state of facts, the rest is a question for the court; 2 Wend. R. 596; and a misdirection in this respect will avoid the verdict.
     4.-2. Misdirection as to matters of fact will in some cases be sufficient to vitiate the proceedings. If, for example, the judge should undertake to dictate to the jury. When the, judge delivers, his opinion to the jury on a matter of fact, it should be delivered as mere opinion, and not as direction. 12 John. R. 513. But the judge is in general allowed to very liberal discretion in charging a jury on matters of fact. 1 McCl. & Y. 286.
     5. As to its effects, misdirection must be calculated to do injustice; for if justice has been done, and a new trial would produce the same result, a new trial will not be granted on that account, 2 Salk. 644, 646; 2 T. R. 4; 1 B. & P. 338; 5 Mass. R. 1; 7 Greenl. R. 442; 2 Pick. R. 310; 4 Day's R. 42; 5 Day's R. 329; 3 John. R. 528; 2 Penna. R. 325.

References in periodicals archive ?
Although conspiracy theorizing and misdirection films express concerns about the status of the "truth" and potentially expose the constructedness of official accounts, they both ultimately provide assurance that it is possible to know what "actually" occurred by showing the "real" motives of the agents shockingly unmasked as being responsible.
To our knowledge, this is the first report of suspected aqueous misdirection and its medical management in a raptor.
The author lays out the nitty-gritty exactly how the players align and go into motion, cadence, misdirection, and flip the line .
Like a good magic act, this compelling movie is full of surprises and misdirection.
But this is, in its essence, a Republican scandal, and any attempt to portray it otherwise is a misdirection.
PREPARE to be amazed as Derren Brown travels the country deploying his unique fusion of magic, suggestion, psychology, misdirection and showmanship in Derren Brown - Trick of the Mind (Series Two).
Examples of politically motivated misdirection about conflict casualties are numerous," the report said.
Though one sided on the issue by ignoring the multi billion dollar illegal gambling industry, this novel is a well thought out thriller that is full of misdirection especially a believable unexpected u-turn that will surprise an elated audience.
However, this procedure is doomed to fail in cases where the deformity is caused by a septal misdirection rather than a bony deviation.
But it doesn't need an official report to remind us that there's a massive waste or misdirection of resources in Scotland's health system - even worse that Health Minister Malcolm Chisholm doesn't seem to know down which plug-hole half the health budget is being flushed.
But he's been bugging me for months to write about misdirection and how it applies to the political situation we have now.