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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