However, a special verdict
of not guilty by reason of insanity is NOT a conviction and no finding of guilt would be recorded against the suspect.
"The District Court entered judgment based on the jury's special verdict
and awarded prejudgment interest, under 6B or 6H of Chapter 231, without specifying which applied, to New Albertson's and Thomas & Betts on the funds that had been awarded to each of them on their 4 claims.
Case for Special Verdict
Forms in Cases Involving Overlapping Federal
The jury also affirmatively answered two special verdict
questions that rendered Berg liable for two times the full amount of damages awarded by the jury, pursuant to WIS.
Barbosa's negligence in deciding the very first question on the special verdict
form, namely, whether Dr.
reliance on element-by-element special verdict
forms that impede
The Committee takes no position whether a special verdict
form or a general verdict form is appropriate in any given case and that decision is left to the presiding court.
The jury also returned a special verdict
determining that Chase should be ordered to forfeit all property derived from, involved in, or traceable to his criminal activities, to include his Naples residence.
The trial, which began earlier in May, had only one question to be answered in the special verdict
form, whether Google's use of the Java APIs would be deemed as "fair use".
Other important areas for preserving issues for appeal and avoiding reversal on are jury instructions and special verdict
forms, which should be accurate when submitted and reflect the law in light of the issues and facts.
The special verdict
is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox.
. Rule 49(a) grants the trial court discretion to require the jury to return a special verdict
, in which the jury answers only written interrogatories of fact but does not enter a general verdict declaring which party prevails.
A court may take into account juror affidavits only to clarify errors in deliberation, such as when juror confusion is apparent from a nonsensical verdict or there are obvious errors such as omissions or confusion on a special verdict
LEGAL COMMENTARY: Curiously, there was a special verdict
, so-called, in which the jurors were asked to respond to specific questions.
1977), prevents a party from challenging errors in a general jury verdict form if the party failed to object to the general verdict form and propose a special verdict