Misdirection


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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 ?
"A clear effort of misdirection, as well as a concerted effort, by some, to aim their fire against the attorney general," Clerides said.
"Mohammad (PBUH) is the manifestation of justice, trustworthiness, ethics and divine grace, savior of mankind from darkness and misdirection, and messenger of peace, friendship and brotherhood," Larijani said in his message on Saturday.
From the plethora of the professor's videotaped and snarky comments, it should now be apparent to every "stupid American" that the framers of PPACA engaged in misdirection worthy of Penn & Teller.
Last week Tony Hughes (James Nesbitt, pictured) bludgeoned Ian Garrett to death on his yacht, and, in a superb piece of misdirection, it was revealed that Garrett's wife was only imagining that her husband was still alive.
Taken at face value, his titles, such as "Easyfun" and "Celebration," are a form of misdirection: We don't notice that what attracts us is sometimes synonymous with what terrifies.
Carstensen explained that the Web misdirection was like someone changing phone numbers in your phone book, and said that that is what essentially happened: Turkish ISPs have set up servers that masquerade as Google's DNS service.
Masquerade Required: Preserving Male Essence in the Misdirection Film
Characteristic presenting signs as well as response to therapy suggest aqueous misdirection was the cause of ocular hypertension in this owl.
Asked if the appearance of the picture of Jeane and the President on Wednesday night could be an "attempt at misdirection," Carandang said: "It seems that way.
Stayart, of Elkhorn, Wis., said that the misdirection hindered her "positive and wholesome image," which is linked to her advocacy for animal rights, her research in genealogy, her published poems and her MBA degree from the (http://www.uchicago.edu/) University of Chicago.
It is time to eliminate all the misdirection and mismanagement that Bashar Al Assad regime has organised through many years, Corbin said.