A verdict is a ruling made by a jury or judge in a court case. It can be a general verdict, where the jury decides in favor of one party or the other, or a special verdict, where the jury only decides on specific factual issues and the judge determines the legal consequences. An old-fashioned type of verdict, known as a general verdict subject to a special case, involves the court separately deciding a legal question based on a written statement of all the facts in the case, in addition to the jury’s general verdict.
A general verdict subject to a special case occurs when the court makes a decision without taking into account the jury’s general verdict. This occurs when a party wants the court to decide based on a written statement of all the facts in the case, rather than putting the legal question on the record. The court then decides the special case and gives judgement accordingly. For instance, if a jury finds a defendant guilty of a crime but there is a legal question about the admissibility of evidence, the defendant may request a general verdict subject to a special case. The court would then decide the legal question and give judgement accordingly, disregarding the jury’s guilty verdict.
A general verdict subject to a special case is a verdict rendered by a jury that finds the defendant guilty or not guilty but also includes a condition or exception that may affect the final outcome of the case.
A regular general verdict is a straightforward decision of guilt or innocence, whereas a general verdict subject to a special case introduces an additional condition or exception that may impact the final judgment.
Special cases can vary depending on the specific circumstances of the case, but common examples include self-defence claims, mental incapacity, or justifiable use of force.
Yes, a general verdict subject to a special case can be appealed if there are grounds to challenge the condition or exception included in the verdict.
The judge will carefully review the evidence presented during the trial, consider the condition or exception specified in the verdict, and make a final determination based on the applicable laws and legal principles.
Yes, a general verdict subject to a special case can be modified or overturned if there are legal errors or if new evidence emerges that warrants a different outcome.
The use of a general verdict subject to a special case is subject to the rules and procedures of the jurisdiction where the trial takes place. It must comply with the applicable laws and legal standards.
Yes, a general verdict subject to a special case can be used in both criminal and civil cases, depending on the circumstances and the applicable laws.
The condition or exception specified in a general verdict subject to a special case can influence the sentencing process by providing additional factors for the judge to consider when determining the appropriate punishment.
Yes, a general verdict subject to a special case can be challenged through post-trial motions or through the appeals process if there are grounds to question the validity or fairness of the verdict.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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