This form is a Special Verdict usable in cases involving misappropriation of commercial trade secrets.
North Carolina Special Verdict
State:
Multi-State
Control #:
US-TS12036
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
If there is a hung jury in a case, then any of the following may occur: the judge may ask the jurors to deliberate for longer, the judge can declare a mistrial, the prosecution can retry or dismiss the case, or.
Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.
North Carolina is one of 48 states that also requires that any jury verdict be unanimous. Only Louisiana and Oregon allow convictions by a non-unanimous vote (but only for crimes not punishable by the death penalty).
The U.S. Constitution authorizes the civil jury to decide facts without reexamination by any court. However, there are situations where a judge can overturn the jury's verdict as a matter of law. The judge has the power to ensure the jury trial and the outcome are fair and impartial.
A verdict in which the jury gives its findings on factual issues in the case, without necessarily stating which party should win. The judge decides what questions the jury should answer, and the judge can draw legal implications from the jury's answers.
Nevertheless, most courts, seemingly unaware of the presence of divergent policy considerations, apply a single rule to all types of inconsistent verdicts. ' Thus, federal courts and some state courts uphold inconsistent verdicts in every case.
The judge's role is to instruct jurors on what the law is in each case, and following those instructions, the jury is to render a verdict based on the evidence presented in court. The right to a jury trial in the 6th Amendment only applies to criminal matters.
Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.
