Directed verdict
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In a jury trial, a directed verdict is an order from the presiding judge to the jury to return a particular verdict. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary. After a directed verdict, there is no longer any need for the jury to decide the case.
A judge may order a directed verdict as to an entire case or only to certain issues. While the motion is not often granted, it is routinely made as a means of preserving appeal rights later.
In a criminal case in the United States, a judge may only order a directed verdict for acquittal, for the ability to convict is reserved to the jury. In a civil action, a related concept to the directed verdict is that of a non-suit. A judge may decide to direct a verdict of not guilty if there is not a scintilla of evidence to prove a guilty verdict.
The phrase arose when judges actually directed a jury to leave the courtroom, deliberate, and return with only the verdict predetermined by the judge. At least one jury ignored this instruction and returned a contrary verdict, leading to quite an angry response from an appellate court.[citation needed] For most of modern judicial history, however, judges in the United States have directed a verdict without a need of a jury. This concept has largely been replaced in the American legal system with judgment as a matter of law.
http://en.wikipedia.org/wiki/Directed_verdict
Thursday, June 21, 2012
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