| slovo | definícia |
verdict
(encz) | verdict,rozsudek n: Zdeněk Brož |
verdict
(encz) | verdict,verdikt n: Zdeněk Brož |
Verdict
(gcide) | Verdict \Ver"dict\, n. [OE. verdit, OF. verdit, veirdit, LL.
verdictum, veredictum; L. vere truly (fr. verus true) +
dictum a saying, a word, fr. dicere, dictum, to say. See
Very, and Dictum.]
1. (Law) The answer of a jury given to the court concerning
any matter of fact in any cause, civil or criminal,
committed to their examination and determination; the
finding or decision of a jury on the matter legally
submitted to them in the course of the trial of a cause.
[1913 Webster]
Note: The decision of a judge or referee, upon an issue of
fact, is not called a verdict, but a finding, or a
finding of fact. --Abbott.
[1913 Webster]
2. Decision; judgment; opinion pronounced; as, to be
condemned by the verdict of the public.
[1913 Webster]
These were enormities condemned by the most natural
verdict of common humanity. --South.
[1913 Webster]
Two generations have since confirmed the verdict
which was pronounced on that night. --Macaulay.
[1913 Webster] |
verdict
(wn) | verdict
n 1: (law) the findings of a jury on issues of fact submitted to
it for decision; can be used in formulating a judgment
[syn: verdict, finding of fact] |
VERDICT
(bouvier) | VERDICT, Practice. The unanimous decision made by a jury and reported to the
court on the matters lawfully submitted to them in the course of the trial
of a cause.
2. Verdicts are of several kinds, namely, privy and public, general,
partial, and special.
3. A privy verdict is one delivered privily to a judge out of court. A
verdict of this kind is delivered to the judge after the jury have agreed,
for the convenience of the jury, who after having given it, separate. This
verdict is of no force whatever; and this practice being exceedingly liable
to abuse, is seldom if ever allowed in the United States.
4. A public verdict is one delivered in open court. This verdict has
its full effect, and unless set aside is conclusive on the facts, and when
judgment is rendered upon it, bars all future controversy in personal
actions. A private verdict must afterwards be given publicly in order to
give it any effect.
5. A general verdict is one by which the jury pronounce at the same
time on the fact and the law, either in favor of the plaintiff or defendant.
Co. Lit. 228; 4 Bl. Com. 461; Code of Prac. of Lo. art. 519. The jury may
find such a verdict whenever they think fit to do so.
6. A partial verdict in a criminal case is one by which the jury acquit
the defendant of a part of the accusation against him, and find him guilty
of the residue: the following are examples of this kind of a verdict,
namely: when they acquit the defendant on one count and find him guilty on
another, which is indeed a species of general verdict, as he is generally
acquitted on one charge, and generally convicted on another; when the charge
is of an offence of a higher, and includes one of an inferior degree, the
jury may convict of the less atrocious by finding a partial verdict. Thus,
upon an indictment for burglary, the defendant may be convicted of larceny,
and acquitted of the nocturnal entry; upon an indictment for murder, he may
be convicted of manslaughter; robbery may be softened to simple larceny; a
battery, into a common assault. 1 Chit. Cr. Law, 638, and the cases there
cited.
7. A special verdict is one by which the facts of the case are put on
the record, and the law is submitted to the judges. Lit. Sel. Cas. 376;
Breese, 176; 4 Rand. 504; 1 Hen. & Munf. 235; 1 Wash. C. C. 499; 2 Mason,
31. The jury have an option, instead of finding the negative or affirmative
of the issue, as in a general verdict, to find all the facts of the case as
disclosed by the evidence before them, and, after so setting them forth, to
conclude to the following effect: "that they are ignorant, in point of law,
on which side they ought upon those facts to find the issue; that if upon
the whole matter the court shall be of opinion that the issue is proved for
the plaintiff, they find for the plaintiff accordingly, and assess the
damages at such a sum, &c.; but if the court are of an opposite opinion,
then they find vice versa." This form of finding is called a special
verdict. In practice they have nothing to do with the formal preparation of
the special verdict. When it is agreed that a verdict of that kind is to be
given, the jury merely declare their opinion as to any fact remaining in
doubt, and then the verdict is adjusted without their further interference.
It is settled, under the correction of the judge, by the counsel and,
attorneys on either, side, according to the state of the facts as found by
the jury, with respect to all particulars on which they have delivered an
opinion, and, with respect to other particulars, according to the state of
facts, which it is agreed, that they ought to find upon the evidence before
them. The special verdict, when its form is thus settled is, together with
the whole proceedings on the trial, then entered on record; and the question
of law, arising on the facts found, is argued before the court in bank, and
decided by that court as in case of a demurrer. If either party be
dissatisfied with their decision, he may afterwards resort to a court of
error. Steph. Pl. 113; 1 Archb. Pr. 189; 3 Bl. Com. 377; Bac. Abr. Verdict,
D, E.
8. There is another method of finding a special verdict this is when
the jury find a verdict generally for the plaintiff, but subject
nevertheless to the opinion of the judges or the court above on a special
case stated by the counsel on both sides with regard to a matter of law. 3
Bl. Com. 378; and see 10 Mass. R. 64; 11 Mass. R. 358. See, generally, Bouv.
Inst. Index, h.t..
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| | podobné slovo | definícia |
compromise verdict
(encz) | compromise verdict, n: |
directed verdict
(encz) | directed verdict, n: |
false verdict
(encz) | false verdict, n: |
general verdict
(encz) | general verdict, n: |
partial verdict
(encz) | partial verdict, n: |
quotient verdict
(encz) | quotient verdict, n: |
special verdict
(encz) | special verdict, n: |
verdict
(encz) | verdict,rozsudek n: Zdeněk Brožverdict,verdikt n: Zdeněk Brož |
General verdict
(gcide) | General \Gen"er*al\, a. [F. g['e]n['e]ral, fr. L. generalis. See
Genus.]
1. Relating to a genus or kind; pertaining to a whole class
or order; as, a general law of animal or vegetable
economy.
[1913 Webster]
2. Comprehending many species or individuals; not special or
particular; including all particulars; as, a general
inference or conclusion.
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3. Not restrained or limited to a precise import; not
specific; vague; indefinite; lax in signification; as, a
loose and general expression.
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4. Common to many, or the greatest number; widely spread;
prevalent; extensive, though not universal; as, a general
opinion; a general custom.
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This general applause and cheerful shout
Argue your wisdom and your love to Richard. --Shak.
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5. Having a relation to all; common to the whole; as, Adam,
our general sire. --Milton.
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6. As a whole; in gross; for the most part.
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His general behavior vain, ridiculous. --Shak.
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7. Usual; common, on most occasions; as, his general habit or
method.
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Note: The word general, annexed to a name of office, usually
denotes chief or superior; as, attorney-general;
adjutant general; commissary general; quartermaster
general; vicar-general, etc.
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General agent (Law), an agent whom a principal employs to
transact all his business of a particular kind, or to act
in his affairs generally.
General assembly. See the Note under Assembly.
General average, General Court. See under Average,
Court.
General court-martial (Mil.), the highest military and
naval judicial tribunal.
General dealer (Com.), a shopkeeper who deals in all
articles in common use.
General demurrer (Law), a demurrer which objects to a
pleading in general terms, as insufficient, without
specifying the defects. --Abbott.
General epistle, a canonical epistle.
General guides (Mil.), two sergeants (called the right, and
the left, general guide) posted opposite the right and
left flanks of an infantry battalion, to preserve accuracy
in marching. --Farrow.
General hospitals (Mil.), hospitals established to receive
sick and wounded sent from the field hospitals. --Farrow.
General issue (Law), an issue made by a general plea, which
traverses the whole declaration or indictment at once,
without offering any special matter to evade it.
--Bouvier. --Burrill.
General lien (Law), a right to detain a chattel, etc.,
until payment is made of any balance due on a general
account.
General officer (Mil.), any officer having a rank above
that of colonel.
General orders (Mil.), orders from headquarters published
to the whole command.
General practitioner, in the United States, one who
practices medicine in all its branches without confining
himself to any specialty; in England, one who practices
both as physician and as surgeon.
General ship, a ship not chartered or let to particular
parties.
General term (Logic), a term which is the sign of a general
conception or notion.
General verdict (Law), the ordinary comprehensive verdict
in civil actions, "for the plaintiff" or "for the
defendant". --Burrill.
General warrant (Law), a warrant, now illegal, to apprehend
suspected persons, without naming individuals.
Syn: Syn. General, Common, Universal.
Usage: Common denotes primarily that in which many share; and
hence, that which is often met with. General is
stronger, denoting that which pertains to a majority
of the individuals which compose a genus, or whole.
Universal, that which pertains to all without
exception. To be able to read and write is so common
an attainment in the United States, that we may
pronounce it general, though by no means universal.
[1913 Webster] |
Open verdict
(gcide) | Open verdict \Open verdict\ (Law)
A verdict on a preliminary investigation, finding the fact of
a crime but not stating the criminal, or finding the fact of
a violent death without disclosing the cause.
[Webster 1913 Suppl.] |
Party verdict
(gcide) | Party \Par"ty\ (p[aum]r"t[y^]), n.; pl. Parties
(p[aum]r"t[i^]z). [F. parti and partie, fr. F. partir to
part, divide, L. partire, partiri. See Part, v.]
1. A part or portion. [Obs.] "The most party of the time."
--Chaucer.
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2. A number of persons united in opinion or action, as
distinguished from, or opposed to, the rest of a community
or association; esp., one of the parts into which a people
is divided on questions of public policy.
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Win the noble Brutus to our party. --Shak.
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The peace both parties want is like to last.
--Dryden.
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3. A part of a larger body of company; a detachment;
especially (Mil.), a small body of troops dispatched on
special service.
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4. A number of persons invited to a social entertainment; a
select company; as, a dinner party; also, the
entertainment itself; as, to give a party.
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5. One concerned or interested in an affair; one who takes
part with others; a participator; as, he was a party to
the plot; a party to the contract.
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6. The plaintiff or the defendant in a lawsuit, whether an
individual, a firm, or corporation; a litigant.
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The cause of both parties shall come before the
judges. --Ex. xxii. 9.
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7. Hence, any certain person who is regarded as being opposed
or antagonistic to another.
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If the jury found that the party slain was of
English race, it had been adjudged felony. --Sir J.
Davies.
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8. Cause; side; interest.
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Have you nothing said
Upon this Party 'gainst the Duke of Albany? --Shak.
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9. A person; as, he is a queer party. [Now accounted a
vulgarism.]
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Note: "For several generations, our ancestors largely
employed party for person; but this use of the word,
when it appeared to be reviving, happened to strike,
more particularly, the fancy of the vulgar; and the
consequence has been, that the polite have chosen to
leave it in their undisputed possession." --Fitzed.
Hall.
[1913 Webster]
Party jury (Law), a jury composed of different parties, as
one which is half natives and half foreigners.
Party man, a partisan. --Swift.
Party spirit, a factious and unreasonable temper, not
uncommonly shown by party men. --Whately.
Party verdict, a joint verdict. --Shak.
Party wall.
(a) (Arch.) A wall built upon the dividing line between
two adjoining properties, usually having half its
thickness on each property.
(b) (Law) A wall that separates adjoining houses, as in a
block or row.
[1913 Webster] |
Privy verdict
(gcide) | Privy \Priv"y\, a. [F. priv['e], fr. L. privatus. See
Private.]
[1913 Webster]
1. Of or pertaining to some person exclusively; assigned to
private uses; not public; private; as, the privy purse. "
Privee knights and squires." --Chaucer.
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2. Secret; clandestine. " A privee thief." --Chaucer.
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3. Appropriated to retirement; private; not open to the
public. " Privy chambers." --Ezek. xxi. 14.
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4. Admitted to knowledge of a secret transaction; secretly
cognizant; privately knowing.
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His wife also being privy to it. --Acts v. 2.
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Myself am one made privy to the plot. --Shak.
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Privy chamber, a private apartment in a royal residence.
[Eng.]
Privy council (Eng. Law), the principal council of the
sovereign, composed of the cabinet ministers and other
persons chosen by the king or queen. --Burrill.
Privy councilor, a member of the privy council.
Privy purse, moneys set apart for the personal use of the
monarch; also, the title of the person having charge of
these moneys. [Eng.] --Macaulay.
Privy seal or Privy signet, the seal which the king uses
in grants, etc., which are to pass the great seal, or
which he uses in matters of subordinate consequence which
do not require the great seal; also, elliptically, the
principal secretary of state, or person intrusted with the
privy seal. [Eng.]
Privy verdict, a verdict given privily to the judge out of
court; -- now disused. --Burrill.
[1913 Webster] |
Special verdict
(gcide) | Special \Spe"cial\, a. [L. specialis, fr. species a particular
sort, kind, or quality: cf. F. sp['e]cial. See Species, and
cf. Especial.]
1. Of or pertaining to a species; constituting a species or
sort.
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A special is called by the schools a "species". --I.
Watts.
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2. Particular; peculiar; different from others;
extraordinary; uncommon.
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Our Savior is represented everywhere in Scripture as
the special patron of the poor and the afficted.
--Atterbury.
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To this special evil an improvement of style would
apply a special redress. --De Quincey.
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3. Appropriate; designed for a particular purpose, occasion,
or person; as, a special act of Parliament or of Congress;
a special sermon.
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4. Limited in range; confined to a definite field of action,
investigation, or discussion; as, a special dictionary of
commercial terms; a special branch of study.
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5. Chief in excellence. [Obs.]
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The king hath drawn
The special head of all the land together. --Shak.
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Special administration (Law), an administration limited to
certain specified effects or acts, or one granted during a
particular time or the existence of a special cause, as
during a controversy respecting the probate of a will, or
the right of administration, etc.
Special agency, an agency confined to some particular
matter.
Special bail, Bail above, or Bail to the action (Law),
sureties who undertake that, if the defendant is
convicted, he shall satisfy the plaintiff, or surrender
himself into custody. --Tomlins. --Wharton (Law Dict.).
Special constable. See under Constable. --Bouvier.
Special damage (Law), a damage resulting from the act
complained of, as a natural, but not the necessary,
consequence of it.
Special demurrer (Law), a demurrer for some defect of form
in the opposite party pleading, in which the cause of
demurrer is particularly stated.
Special deposit, a deposit made of a specific thing to be
kept distinct from others.
Special homology. (Biol.) See under Homology.
Special injuction (Law), an injuction granted on special
grounds, arising of the circumstances of the case.
--Daniell.
Special issue (Law), an issue produced upon a special plea.
--Stephen.
Special jury (Law), a jury consisting of persons of some
particular calling, station, or qualification, which is
called upon motion of either party when the cause is
supposed to require it; a struck jury.
Special orders (Mil.), orders which do not concern, and are
not published to, the whole command, such as those
relating to the movement of a particular corps, a detail,
a temporary camp, etc.
Special partner, a limited partner; a partner with a
limited or restricted responsibility; -- unknown at common
law.
Special partnership, a limited or particular partnership;
-- a term sometimes applied to a partnership in a
particular business, operation, or adventure.
Special plea in bar (Law), a plea setting forth particular
and new matter, distinguished from the general issue.
--Bouvier.
Special pleader (Law), originally, a counsel who devoted
himself to drawing special counts and pleas; in a wider
sense, a lawyer who draws pleadings.
Special pleading (Law), the allegation of special or new
matter, as distingiushed from a direct denial of matter
previously alleged on the side. --Bouvier. The popular
denomination of the whole science of pleading. --Stephen.
The phrase is sometimes popularly applied to the specious,
but unsound, argumentation of one whose aim is victory,
and not truth. --Burrill.
Special property (Law), a qualified or limited ownership
possession, as in wild animals, things found or bailed.
Special session, an extraordinary session; a session at an
unusual time or for an unusual purpose; as, a special
session of Congress or of a legislature.
Special statute, or Special law, an act of the
legislature which has reference to a particular person,
place, or interest; a private law; -- in distinction
from a general law or public law.
Special verdict (Law), a special finding of the facts of
the case, leaving to the court the application of the law
to them. --Wharton (Law Dict.).
[1913 Webster]
Syn: Peculiar; appropriate; specific; dictinctive;
particular; exceptional; singular. See Peculiar.
[1913 Webster] |
Verdict
(gcide) | Verdict \Ver"dict\, n. [OE. verdit, OF. verdit, veirdit, LL.
verdictum, veredictum; L. vere truly (fr. verus true) +
dictum a saying, a word, fr. dicere, dictum, to say. See
Very, and Dictum.]
1. (Law) The answer of a jury given to the court concerning
any matter of fact in any cause, civil or criminal,
committed to their examination and determination; the
finding or decision of a jury on the matter legally
submitted to them in the course of the trial of a cause.
[1913 Webster]
Note: The decision of a judge or referee, upon an issue of
fact, is not called a verdict, but a finding, or a
finding of fact. --Abbott.
[1913 Webster]
2. Decision; judgment; opinion pronounced; as, to be
condemned by the verdict of the public.
[1913 Webster]
These were enormities condemned by the most natural
verdict of common humanity. --South.
[1913 Webster]
Two generations have since confirmed the verdict
which was pronounced on that night. --Macaulay.
[1913 Webster] |
compromise verdict
(wn) | compromise verdict
n 1: a verdict resulting from improper compromises between
jurors on material issues |
directed verdict
(wn) | directed verdict
n 1: a verdict entered by the court in a jury trial without
consideration by the jury; "there cannot be a directed
verdict of guilty in a criminal trial" |
false verdict
(wn) | false verdict
n 1: a manifestly unjust verdict; not true to the evidence |
general verdict
(wn) | general verdict
n 1: an ordinary verdict declaring which party prevails without
any special findings of fact [ant: special verdict] |
partial verdict
(wn) | partial verdict
n 1: (criminal law) a finding that the defendant is guilty of
some charges but innocent of others |
quotient verdict
(wn) | quotient verdict
n 1: an improper and unacceptable kind of compromise verdict |
special verdict
(wn) | special verdict
n 1: a verdict rendered on certain specific factual issues posed
by the court without finding for one party or the other
[ant: general verdict] |
verdict
(wn) | verdict
n 1: (law) the findings of a jury on issues of fact submitted to
it for decision; can be used in formulating a judgment
[syn: verdict, finding of fact] |
FINDING A VERDICT
(bouvier) | FINDING A VERDICT. The act of the jury in agreement upon a verdict.
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PRIVY VERDICT
(bouvier) | PRIVY VERDICT. One which is delivered privily to a judge out of court.
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SEALING OF A VERDICT
(bouvier) | SEALING OF A VERDICT, practice. The putting a verdict in writing, and
placing it in an envelop, which is sealed. To relieve jurors after they have
agreed, it is not unusual for the counsel to agree that the jury shall seal
their verdict, and then separate. When the court is again in session, the
jury come in and give their verdict, in all respects as if it had not been
sealed, and a juror may dissent from it, if since the sealing, he has
honestly changed his mind. 8 Ham. 405; Gilm. 333; 3 Bouv. Inst. n. 3257.
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SPECIAL VERDICT
(bouvier) | SPECIAL VERDICT, practice. A special verdict is one by which the facts of
the case are put on the record, and the law is submitted to the judges. Vide
Verdict; Bac. Ab. Verdict, D.
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