Define: Non Obstante Veredicto

“Non Obstante Veredicto” is a Latin term that translates to “notwithstanding the verdict.” It is a legal doctrine that allows a court to set aside or disregard a jury’s verdict if it is deemed to be against the weight of the evidence or contrary to the law.

A court can apply the “Non Obstante Veredicto” doctrine when it believes that the jury’s verdict is clearly unreasonable or unsupported by the evidence presented during the trial.

The purpose of this doctrine is to ensure that justice is served by allowing the court to correct any errors or miscarriages of justice that may have occurred during the trial.

Yes, either party can request the court to apply the “Non Obstante Veredicto” doctrine if they believe that the jury’s verdict is unjust or unsupported by the evidence.

A court considers various factors, such as the weight of the evidence, the credibility of witnesses, and whether the verdict is contrary to the law or against the clear weight of the evidence.

Yes, a court can set aside a jury’s verdict without using this doctrine if there are other legal grounds for doing so, such as procedural errors, juror misconduct, or newly discovered evidence.

The availability and application of the “Non Obstante Veredicto” doctrine may vary depending on the jurisdiction. Some jurisdictions may have different legal mechanisms to address unjust verdicts.

Yes, a court’s decision to apply the “Non Obstante Veredicto” doctrine can be appealed by the aggrieved party. The appellate court will review the lower court’s decision based on the applicable legal standards.

If the court sets aside the jury’s verdict, it may order a new trial or enter a different judgment based on its own assessment of the evidence and the law.

Yes, the “Non Obstante Veredicto” doctrine can be used in both civil and criminal cases. It allows the court to correct unjust or unreasonable verdicts in any type of legal proceeding.