Notwithstanding the verdict is a legal term that refers to a concept used in the judicial system to challenge or disregard a previous court decision. This phrase is commonly used to indicate that a specific ruling or judgment will remain in effect despite any contrary evidence, arguments, or circumstances that may arise. The term "notwithstanding the verdict" essentially means that even though a verdict has been reached, it may be overridden or set aside in certain situations. It allows for the possibility of legal exceptions to be made, based on specific grounds or reasons. There are various types of "notwithstanding the verdict" meanings that can be categorized based on their specific contexts and applications: 1. Statutory Override: In this context, "notwithstanding the verdict" refers to a provision in a statute or law that explicitly states that decisions or judgments should be enforced regardless of any other conflicting rulings or principles. This provision essentially allows for the law to supersede any other decisions made in a particular case. 2. Constitutional Override: Here, "notwithstanding the verdict" is used to describe a situation in which a court decision or verdict may be disregarded due to conflicts with constitutional rights or provisions. This means that certain constitutional rights or principles can outweigh the outcome of a verdict, leading to a different course of action or a reversal of the initial decision. 3. Error Correction: This aspect of "notwithstanding the verdict" highlights the ability of an appellate court to correct errors made in the lower court's decision. If an error, such as a procedural mistake or a misinterpretation of the law, is identified, the appellate court can intervene and set aside the verdict, ensuring justice is served. 4. Public Interest: Occasionally, "notwithstanding the verdict" may be used to uphold decisions that are deemed in the best interest of the public. This implies that even if a verdict seems insufficient or inconsistent with public policy, it can still be maintained in order to protect societal well-being. In conclusion, "notwithstanding the verdict" is a legal concept that allows courts to challenge or disregard existing judgments or decisions based on specific grounds such as statutory provisions, constitutional conflicts, error corrections, or considerations of public interest. It functions as an essential tool to ensure fairness, justice, and the upholding of legal principles in the judicial system.
Notwithstanding The Verdict Meaning
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How to fill out Motion For Judgment Notwithstanding The Verdict Or In The Alternative, For A New Trial?
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When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
For example, if a party enters no evidence on an essential element of their case but the jury, the finder of fact, 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.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
A judgment notwithstanding the verdict (JNOV) is a judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial. A JNOV is very similar to a directed verdict except for the timing within a trial.
A motion for judgment notwithstanding the verdict (JNOV) is a motion asking the court to enter a judgment disregarding the verdict rendered by the jury. The motion argues that no reasonable jury could reach the verdict that the jury reached in the particular case.