verdict

From the Latin "veredictum," a true declaration. Clark v. State, 170 Tenn. 494, 499, 97 S.W.2d 644, 646.

The formal decision or finding made by a jury, impaneled and sworn for the trial of a cause, and reported to the court (and accepted by it), upon the matters or questions duly submitted to them upon the trial. The definitive answer given by the jury to the court concerning the matters of fact committed to the jury for their deliberation and determination. Ralston v. Stump, 75 Ohio App. 375, 62 N.E.2d 293, 294, 31 O.O. 43.

The usual verdict, one where the jury decides which side wins (and how much, sometimes), is called a general verdict. When the jury is asked to answer specific questions of fact, it is called a special verdict.

See general verdict and special verdict below.

In criminal cases the verdict shall be unanimous, and shall be returned by the jury to the judge in open court. Fed.R.Crhn.P. 31.

In civil cases the parties may stipulate that a verdict of a stated majority of the jurors shall be taken as the verdict of the jury. Fed.R.Civil P. 48.

See also polling the jury.

Several defendants

If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again. Fed.R.Crim.P. 31(b).

@ chance verdict

One determined by hazard or lot, and not by the deliberate understanding and agreement of the jury. While formerly used, such are now illegal.

@ compromise verdict

One which is the result, not of justifiable concession of views, but of improper compromise of the vital principles which should have controlled the decision. Although it is proper for jurors to harmonize their views and reach a verdict with proper regard for each other's opinions, it is not proper for any juror to surrender his conscientious convictions on any material issue in return for a relinquishment by others of their like settled opinions on another issue, producing a result which does not command the approval of the whole panel.

See also quotient verdict.

+ compromise verdict

One which is reached only by the surrender of conscientious convictions on one material issue by some jurors in return for a relinquishment of matters in their like settled opinion on another issue, and the result is one which does not hold the approval of the entire panel.

See also Allen charge

- verdict

@ directed verdict

Verdict ordered by the judge as a matter of law when he rules that the party with the burden of proof has failed to make out a prima facie case. The judge under these circumstances orders the jury to return a verdict for the other party.

See Fed.R. Civil P. 50.

Motion for judgment of acquittal is used in place of directed verdict in criminal cases.

See Fed.R. Crim.P. 29.

+ directed verdict

In a case in which the party with the burden of proof has failed to present a prima facie case for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it, because, as a matter of law, there can be only one sitch verdict. Fed.R.Civil P. 50(a).

In a criminal case, in federal court, the judge may render a judgment of acquittal in favor of defendant (in place of a motion for directed verdict, what has been abolished). Fed.R. Crim.P. 29. A directed verdict may be granted either on the court's own initiative or on the motion of a party.

See also verdict

@ false verdict

One obviously opposed to the principles of right and justice; an untrue verdict. Formerly, if a jury gave a false verdict, the party injured by it might sue out and prosecute a writ of attaint against them, either at common law or on the statute 11 Hen. VII, c. 24, at his election, for the purpose of reversing the judgment and punishing the jury for their verdict; but not where the jury erred merely in point of law, if they found according to the judge's direction. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attaints that there is no instance of one to be found in the books or reports later than in the time of Elizabeth, and it was altogether abolished by 6 Geo. IV, c. 50, No. 60.

See non obstante veredicto.

@ general verdict

A verdict whereby the jury find either for the plaintiff or for the defendant in general terms; the ordinary form of a verdict. Glenn v. Sumner, 132 U.S. 152, 10 S.Ct. 41, 33 L.Ed. 301. A finding by the jury in the terms of the issue, or all the issues, referred to them. That by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant; distinguished from a special verdict, which is that by which the jury finds facts only.

- general verdict with interrogatories

@ general verdict with interrogatories

The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict.

When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial.

When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial. Fed.R.Civil P. 49(b).

@ instructed verdict.

See directed verdict, above.

@

- judgment notwithstanding verdict (See non obstante veredicto)

@ open verdict

A verdict of a coroner's jury which finds that the subject "came to his death by means to the jury unknown," or "came to his death at the hands of a person or persons to the jury unknown," that is, one which leaves open either the question whether any crime was committed or the identity of the criminal.

@ partial verdict

In criminal law, a verdict by which the jury acquits the defendant as to a part of the accusation and finds him guilty as to the residue.

@ public verdict

A verdict openly delivered by the jury in court.

@ repugnant verdict

Verdicts are "repugnant" when there are charges of two crimes, each of which has identical elements, and there is finding of guilt on one but not on the other. People v. Blandford, 37 A.D.2d 1003, 325 N.Y.S.2d 486, 487.

See also verdict

@

Several defendants

If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again. Fed.R.Crim.P. 31(b).

@ special verdict

A special finding of the facts of a case by a jury, leaving to the court the application of the law to the facts thus found. The "special" verdict is a statement by the jury of the facts it has found-in essence, the jury's answers to questions submitted to it; the court determines which party, based on those answers, is to have judgment.

With the advent of the apportionment rule among tortfeasors, closely followed by the adoption of a rule of comparative negligence to replace the traditional rule of contributory negligence, the need to have the jury reveal its specific findings of percentages of fault in personal injury and wrongful death cases has given rise to the increased use of the special verdict. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event, the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instructions concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. Fed.R.Civil P. 49(a).

@ split verdict

A verdict in which one party prevails on some claims in issue while the other party prevails on other claims. Beckman Instruments v. LKB Produkter AB, C.A., 892 F.2d 1547.

In criminal law, a verdict finding a defendant guilty of one charge but innocent of another, or finding one defendant guilty while acquitting a codefendant.

See e.g. Fed.R.Crim.P. 31.

@ stipulation on majority verdict

The parties may stipulate that a verdict of a stated majority of the jurors shall be taken as the verdict of the jury. Fed.R.Civil P. 48.

@ verdict by lot

See chance verdict

@ verdict contrary to law

A verdict which law does not authorize jury to render on evidence because conclusion drawn is not justified thereby. One which is contrary to the principles of law as applied to the facts which the jury were called upon to try and contrary to the principles of law which should govern the cause. Piepho v. Gesse, 106 Ind.App. 450, 18 N.E.2d 468, 471.

See non obstante veredicto

@ verdict for lesser offense

See lesser included offense

@ verdict subject to opinion of court

A verdict returned by the jury, the entry of judgment upon which is subject to the determination of points of law reserved by the court upon the trial

@ verdict, estoppel by

@ estoppel by verdict

@ collateral estoppel

Rule that where some controlling fact or question material to determination of both causes has been adjudicated in former suit by court of competent jurisdiction, and same fact or question is again an issue between the same parties, adjudication in first cause will, if properly presented, be conclusive of the same question in later suit, irrespective of whether cause of action is the same in both suits. People v. Haran, 27 I11.2d 229, 188 N.E.2d 707, 709.

"Estoppel by verdict" or "collateral estoppel" provides that prior judgment must be deemed conclusive as to all right of parties and their privies when same parties or their privies are involved with same issues actually or necessarily finally determined by court of competent jurisdiction in earlier, but different, cause of action. Riley v. Unknown Owners of 304 North Oak Park Ave. Bldg., Oak Park, 25 Ill.App.3d 895, 324 N.E.2d 78, 85.

See also collateral estoppel doctrine

- judgment, estoppel by

- res (res judicata)

@