Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.


Tuesday, 21 July 2015

legal word of the day: NOV, JNOV, Judgement Notwithstanding the Verdict

legal word of the day: NOV, JNOV, Judgement Notwithstanding the Verdict

Latin: non obstante veredicto 

POL: wyrok niezależny od werdyktu ławy przysięgłych

ENG:  When the court decides to reverse the jury’s decision which, in its view, is based on legally insufficient evidence; in state* jury** trials in the United States

to REVERSE – uchylić (to change)

(1)  A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict.

(2)  Although the jury returned a verdict in favor of the plaintiff, finding a breach of warranty, the trial court entered a judgment notwithstanding the verdict in favor of the defendant.

the PLAINTIFF – powód (a person who brings a case against another in a court of law)

a BREACH of WARRANTY – naruszenie zobowiązań gwarancyjnych (violation of an agreement between a seller and a buyer as to the condition, content, quality, or title of the item sold)

the TRIAL COURT – sąd pierwszej instancji (a court of law where cases are tried in the first place, as opposed to an appeal court)

the DEFENDANT – pozwany (an individual, company, or institution sued or accused in a court of law)

(3)  A trial court may disregard a jury verdict and enter a judgment N.O.V. if there is no evidence to support one or more of the jury findings on issues necessary to establish liability.

to ESTABLISH LIABILITY – ustalić odpowiedzialność prawną (to demonstrate that the defendant owed a duty of care (a responsibility) towards the plaintiff or the deceased person)

* In federal courts, this procedure is referred to as RJMOL, Renewed Judgment as a Matter of Law.

**Without a jury, (in a bench trial before a judge), there is no verdict.

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