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In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment .
After a directed verdict, the jury no longer needs to decide the case. A judge may order a directed verdict on an entire case or only on specific issues. In a criminal case in the United States, once the prosecution has closed its case, the defendant may move for a directed verdict. [5] If granted, the verdict will be "not guilty". [5]
Suspension of judgment is used in civil law to indicate a court's decision to nullify a civil judgment. Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure which opens with the statement, "On motion and just terms, the court may relieve a party or its legal representative from a final ...
A value judgment (or normative judgement) is a judgment of the rightness or wrongness of something or someone, or of the usefulness of something or someone, based on a comparison or other relativity. As a generalization, a value judgment can refer to a judgment based upon a particular set of values or on a particular value system. A related ...
A type of verdict where positive guilt or innocence cannot be determined. Also called "not proven" in legal systems with such verdicts. non obstante verdicto: notwithstanding the verdict A circumstance where the judge may override the jury verdict and reverse or modify the decision. novus actus interveniens: a new action coming between
A plausible way to prevent this misconduct from taking place is ensuring that the jury members, before the trial, understand completely "what constitutes research, their curiosity, and their perceived "moral duty" to render verdicts based on complete information". [17]
The States, not the federal courts, make those broad moral and policy judgments in the first instance when enacting their sentencing laws. And state sentencing judges and juries then determine the proper sentence in individual cases in light of the facts and circumstances of the offense, and the background of the offender."
However, this is not the practice in most other legal systems based on the English tradition, in which judges retain sole responsibility for deciding sentences according to law. The exception is the award of damages in English law libel cases, although a judge is now obliged to make a recommendation to the jury as to the appropriate amount.