Judgment notwithstanding verdict


Judgment notwithstanding verdict
Civil procedure in the United States
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Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law (JMOL) that is ordered at the conclusion of a jury trial.

JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a verdict notwithstanding the jury findings. This intervention, often requested but rarely granted, permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions.[1]

Because of the guaranteed right against double jeopardy in United States criminal cases, a judge is not allowed to enter a JNOV of "guilty" following a jury acquittal. However, if the judge grants a motion to set aside judgment after the jury convicts, this may be reversed on appeal by the prosecution, as the verdict was different previously.

A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. For example, if a party enters no evidence on an essential element of their case, and the jury still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.

Reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict, or that the verdict did not correctly apply the law. This procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. In fact, a judgment notwithstanding the verdict is occasionally made when a jury refuses to follow a judge's instruction to arrive at a certain verdict.[2]

References

  1. ^ Rule 50(b). Federal Rules of Civil Procedure.
  2. ^ Rule 50(a). Federal Rules of Civil Procedure.



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Look at other dictionaries:

  • judgment notwithstanding the verdict — see judgment 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. judgment notwithstanding the verdict …   Law dictionary

  • judgment notwithstanding the verdict — A judgment rendered upon a motion made after verdict but before rendition of judgment on the verdict in which the applicant prevails in showing that he is entitled to judgment under the law notwithstanding the verdict returned against him by the… …   Ballentine's law dictionary

  • verdict — ver·dict / vər dikt/ n [alteration (partly conformed to Medieval Latin veredictum ) of Anglo French veirdit statement, finding, verdict, from Old French veir true (from Latin verus ) + dit saying, from Latin dictum] 1: the usu. unanimous finding… …   Law dictionary

  • 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),… …   Black's law dictionary

  • judgment — A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App. D.C. 282, 22 F.2d 588, 590. An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790. The formation of an opinion or notion …   Black's law dictionary

  • judgment — A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App. D.C. 282, 22 F.2d 588, 590. An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790. The formation of an opinion or notion …   Black's law dictionary

  • judgment — judg·ment also judge·ment / jəj mənt/ n 1 a: a formal decision or determination on a matter or case by a court; esp: final judgment in this entry compare dictum, disposition …   Law dictionary

  • Judgment as a matter of law — (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is similar to summary judgment, which is a motion made before trial. JMOL is also known as a directed… …   Wikipedia

  • judgment n.o.v. — judgment n.o.v. judgment n.o.v. abbr [Medieval Latin n on o bstante v eredicto]judgment notwithstanding the verdict Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • judgment non obstante veredicto — See judgment notwithstanding the verdict …   Ballentine's law dictionary


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