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 ?
He called on the public to trust that every effort will be done in the context of probing the economic collapse, and ignore attempts at misdirection.
That's all well and good, but I would like to suggest that all of is just more misdirection.
I employ the term misdirection because it expresses how these films use Hollywood conventions to encourage viewers to understand their meanings initially in one manner and subsequently comprehend them in another.
Differential diagnoses for ocular hypertension OS included goniodysgenesis and aqueous misdirection (or "malignant glaucoma").
Asked at the briefing yesterday to elaborate on this attempt at misdirection, Carandang said: "Well, the picture will suddenly materialize at a time when the President says we are going to be filing charges.
The 27-year-old, of Blackfriars, Newcastle, said: "The art of misdirection is directing the attention to the larger movement instead of the smaller one.
The grid makes it obvious that this is a disguised version of ordinary tic-tac-toe with a bit of misdirection.
Joby Harold's clumsy misdirection meanswe're always two steps ahead of the characters, while performances are uniformly poor.
Overturning the jury's decision the Lord Chief Justice said: "I have decided that there was misdirection in the present case.
At a time when virtually every state department and division avers that personnel levels are inadequate for their work loads and when the Legislature indicates it cannot afford to offer cash-strapped municipalities more aid, encouraging employees to volunteer work on taxpayers' time is a misdirection of limited resources that is counterintuitive at best.
This is a clue to the real misdirection of the ticking bomb scenario.
The backs never line up deeper than four yards behind the LOS and have all kinds of angle blocks and misdirection schemes for the little guys.