At the conclusion of a civil trial (a car accident case, for example) the jury finds for the injured pedestrian against the driver of the car which hit her. The defense lawyer jumps up and asks for a judgment non obstante veredicto. What does the defense lawyer want?
Literally, the phrase means judgment “notwithstanding the verdict.” The defense lawyer is asking the judge to overrule the jury’s decision as either contrary to settled law or contrary to the overwhelming weight of the evidence. As a practical matter, judges rarely overrule the jury unless it goes so far afield of the evidence as to shock the conscience of the court. In the vast majority of cases, jury verdicts are respected and upheld.
Under the rules of procedure, however, making a motion for judgment non obstante veredicto is usually a requirement for a later motion seeking a new trial. More modernly, the motion is referred to by the shorthand acronym “JNOV.”
So why, you ask, did Perry Mason never make such a motion? Two reasons: First, Perry was a criminal lawyer – the motion is known as a motion for judgment of acquittal in criminal cases. Second, Perry never had a case actually decided by the jury – he always won by breaking down the guilty party (or its paramour) on the witness stand!
Next time: Caveat Emptor and Caveat Venditor.
Literally, the phrase means judgment “notwithstanding the verdict.” The defense lawyer is asking the judge to overrule the jury’s decision as either contrary to settled law or contrary to the overwhelming weight of the evidence. As a practical matter, judges rarely overrule the jury unless it goes so far afield of the evidence as to shock the conscience of the court. In the vast majority of cases, jury verdicts are respected and upheld.
Under the rules of procedure, however, making a motion for judgment non obstante veredicto is usually a requirement for a later motion seeking a new trial. More modernly, the motion is referred to by the shorthand acronym “JNOV.”
So why, you ask, did Perry Mason never make such a motion? Two reasons: First, Perry was a criminal lawyer – the motion is known as a motion for judgment of acquittal in criminal cases. Second, Perry never had a case actually decided by the jury – he always won by breaking down the guilty party (or its paramour) on the witness stand!
Next time: Caveat Emptor and Caveat Venditor.
– BBC&B