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)

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 ?
In citing previous cases, the COA panel determined that the circuit court erred in disregarding Meyering's testimony about the fourth repair in granting a directed verdict. The panel reversed the ruling and said the court must consider Meyering's version of events.
The Court held that the "inquiry involved in a ruling on a motion for summary judgment or for a directed verdict necessarily implicates the substantive evidentiary standard of proof that would apply at the trial on the merits." (40) Applying the substantive evidentiary burdens at trial meant that the judge must decide "whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented." (41) The Court reasoned that it made "no sense to say that a jury could reasonably find for either party without some benchmark as to what standards govern its deliberations." (42) Those standards are provided by the substantive evidentiary burdens applicable to the claim and properly determined by the trial judge at summary judgment.
Defense lawyers can ask a judge for a directed verdict at the end of testimony.
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.
When a motion for a directed verdict, which should have been granted, has been denied and a verdict rendered against the moving party, the court, at any time before the entry of judgment, either of its own motion or on motion of the aggrieved party, shall render judgment in favor of the aggrieved party notwithstanding the verdict.
In a directed verdict, Senter previously ordered the insurer to pay the full $223,292 cost of policyholders Norman and Genevieve Broussard's Biloxi, Miss., home, which had been destroyed by Katrina.
Haggerty has yet to decide on a PeaceHealth motion asking for a directed verdict, which would throw out the jury's decision in favor of McKenzie-Willamette.
After they rested their case on May 6, Al Kurdi's attorney moved to have Judge McDonald decide the case with a directed verdict from the bench, rather than leave it to the jury.
The lawsuit also claims the Dover Dixon attorneys failed to keep Advocat informed of progress in the case and hurt the chances of appeals by failing to seek a directed verdict.
Depending upon the seriousness of the infraction, this can even lead to a directed verdict.
The question presented in Aetna to the Supreme Court was "[w]hether, by their request for directed verdicts, the parties waived their right to trial by jury." (57) At trial, plaintiff Bogash (who had acquired Kennedy's interest) and defendant Aetna Insurance Co., having introduced their evidence and agreed upon the amount of loss sustained, both submitted requests for peremptory-jury instructions and for a directed verdict in their respective favor.

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