In a criminal case, the defendant can appeal a verdict of Guilty; however the government may not appeal a verdict of Not Guilty.
In a civil case, both plaintiff and defendant may appeal the finding of the jury if that finding is adverse to their claims.
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∙ 2010-06-19 21:41:26The jury gives the verdict unless the trial was a "bench trial" conducted without a jury, in which case the judge would render the verdict.
It means that you are appealing the verdict of your trial jury to a higher court for review.
If there is a non-jury trial then no jury is ever chosen or convened. The entire case is heard by a judge who will then render a verdict.
It is called the verdict. In a criminal case it will be Guilty or Not Guilty. In a civil case it will be Liable or Not Liable.
Verdict and Judgment. Members of the jury go to the jury room to deliberate upon their verdict, or decision. In civil case, the jury, influenced by the evidence that carries the most weight, finds "in favor of" one of the parties. There are variations from state to state as to the number of jurors who must agree to reach a verdict. Following the jury's verdict, the court issues a judgment, the court's determination or decision in the case.
It means that you are appealing the verdict of your trial jury to a higher court for review.
Prosecutors can appeal a judge's rulings, but not a jury's verdict. A verdict of "not guilty" eliminates the prosecutor's right to appeal nearly everything.
maybe
In civil cases, a verdict may be reached by a majority of nine of the twelve members.
Same as they do in a criminal case - listen to the testimony, the evidence, and the arguments and come to a verdict that they believe is correct.
For civil cases, two types of verdicts are rendered; general and special. The verdict need not be unanimous, a 3:4 will suffice. General verdict, the jury has decided the case either in favour of the defendant or the claimant (plantiff) Special verdict, a general decision is not announced (obviously) and rather the jury has answered certain factual questions, leaving the complete decision up to the court itself.
A civil case involves three elements; cause of action, the burden of proof, and damages. Once a civil case enters trial, additional elements are brought forth including: choosing a jury, opening statements, witness testimony and cross-examination, closing arguments, jury instruction, jury deliberation and verdict.