Directed verdict
Encyclopedia
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. 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
.
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
, a directed verdict is an order from the presiding judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
to the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to return a particular verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a 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
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
.
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
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
rights later.
In a criminal case in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a judge may only order a directed verdict for acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
, 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
Non-suit
-United States:In the United States, a voluntary nonsuit is a motion taken by the plaintiff to release one or more of the defendants from liability. So, for example, if a plaintiff wishes to give up on the lawsuit, he or she can file a nonsuit as to all defendants with the court, and all...
. A judge may decide to direct a verdict of not guilty if there is not a scintilla of evidence to prove a guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
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. 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
Judgment as a matter of law
Judgment as a matter of law is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is also known as a directed verdict, which it has replaced in American Federal courts.JMOL is similar to judgment on the pleadings and...
.