Special verdict

(redirected from special verdicts)
Also found in: Dictionary, Thesaurus.
Related to special verdicts: general verdict

special verdict

n. the jury's decisions or findings of fact with the application of the law to those facts left up to the judge, who will then render the final verdict. This type of limited verdict is used when the legal issues to be applied are complex or require difficult computation.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

SPECIAL VERDICT, practice. A special verdict is one by which the facts of the case are put on the record, and the law is submitted to the judges. Vide Verdict; Bac. Ab. Verdict, D.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Special verdicts allow judges to break the general verdict into several
(242.) Special verdicts are virtually never used in criminal cases,
Simply put, the jury voting paradoxes that I have identified are endemic to special verdicts. The general verdict, the other major verdict type, avoids these issues but suffers from other drawbacks.
Special verdicts submitted to the jury under Rule 49(a) may also pose a minimal risk of inconsistency in the verdict because the jury is constrained solely to making findings of fact whereas the trial judge is the one who applies the law to the jury's factual findings.
Carving at the joint is not constitutionally required but can create a safe harbor to avoid altogether a prohibited reexamination without employing special verdicts or issue preclusive effect to the initial jury's determinations.
Maguire's failure to request a special verdict as to each factual theory in the case prevents him from pressing [the Baldwin] argument on appeal.
Rather than invent a cumbersome process of special verdicts and penalty phase proceedings in order to save that language from unconstitutionality, Florida should abandon the language, returning to the rule followed in Florida prior to 1994 and adopted in all other jurisdictions with sentencing guidelines, that a guideline sentence may not exceed the statutory maximum.
Criticizing the use of special verdicts, Justice Holmes wrote that it is unwise to make the law more scientific if, in the process, it becomes less just.
Tools like special verdicts or interrogatories arc virtually useless under these circumstances.(39)
In the civil context, special verdicts can be used to determine what a jury necessarily decided.
"First, a special verdict form indicating that a defendant was found guilty of first-degree murder based on a premeditated murder theory would obviate the need for the trial court to perform the requisite felony murder analysis under Enmund v.
Instruction number (2), to be given before final argument, also illustrates how the court could utilize the Special Verdict questions in the burden of proof portion of the instruction.

Full browser ?