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In civil cases in U.S. federal court, the term was replaced in 1991 by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law, formerly called a directed verdict. [1] A judge may not enter a JNOV of "guilty" following a jury acquittal in United States criminal cases
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio. The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution (in Article IV, Section 1). The duties of the courts are outlined in Article IV, Section 4.
Burks v. United States, 437 U.S. 1 (1978), is a United States Supreme Court decision [1] that clarified both the scope of the protection against double jeopardy provided by the Fifth Amendment to the United States Constitution and the limits of an appellate court's discretion to fashion a remedy under section 2106 of Title 28 to the United States Code. [2]
In criminal matters, however, the state or prosecution generally has no appeal "as of right". And due to the double jeopardy principle, the state or prosecution may never appeal a jury or bench verdict of acquittal. But in some jurisdictions, the state or prosecution may appeal "as of right" from a trial court's dismissal of an indictment in ...
In the United States courts, a motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. [1] It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise. [2]
Marshall v. Marshall, 547 U.S. 293 (2006), is a case in which the United States Supreme Court held that a federal district court had equal or concurrent jurisdiction with state probate courts over tort claims under state common law.
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction.
If the defendant has been deceived by the state in a criminal action, a continuance can be granted. [61] [62] [63] A continuance can be granted if there is an amendment to the indictment or introduction of new information in the criminal complaint. [64] [65] A continuance may be granted because unexpected evidence or testimony has emerged.