| 词汇 | New Trial/Retrial2 |
| 释义 | `1`New Trial/Retrial2 `2` "Legal Lexicon": The misconduct of the jury, as if they acted in disregard of their oaths drinking spirituous liquors, after being charged with the cause or resorting to artifice to get rid of their confinement and such like causes will avoid a verdict. Cases in which the verdict is improper, because it is either void, against law, against evidence or the damages are excessive. 1. When the verdict is contrary to the record or it finds a matter entirely out of the issue or finds only a part of the issue or when it is uncertain a new trial will be granted. 2. When the verdict is. clearly against law, and injustice has been done, it will be set aside. 3. And so will a verdict be set aside if given clearly against evidence, and the presiding judge is dissatisfied.. 4. When the damages are excessive, and appear to have been given in consequence of prejudice, rather, than as an act of deliberate judgment. Cases in which the party was deprived of his evidence by accident or because he was not aware of it. The non-attendance of witnesses, their mistakes, their interests, their infirmities, their bias, their partial or perverted views of facts, their veracity, their turpitude, pass in review, and in proportion as they bear upon the merits avoid or confirm the verdict. The absence of a material piece of testimony or the non-attendance of witnesses, contrary to reasonable expectation, and reasonably accounted for, will induce the court to set aside the verdict, and grant a new trial if the witness absent himself with out the party's knowledge after the cause is called on or is suddenly taken sick and the like. The court will also grant a new trial when the losing party has discovered material evidence since the trial, which would probably produce, a different result; this evidence must be accompanied by proof of previous diligence to procure it. To succeed, the applicant must show four things: 1. The names of the new witnesses discovered. 2. That the applicant has been diligent in preparing, his cage for trial. 3. That the new facts were discovered after the trial and will be important. 4. That the evidence discovered will tend to prove facts which were not directly in, issue on the trial, or were not then known and investigated by proof. 9. New trials may be granted in criminal as well as in civil cases when the defendant is convicted, even of the highest offences. But when the defendant is acquitted, the humane influence of the law, in cases of felony, mingling justice with mercy, does not permit a new trial. In cases of misdemeanor, after conviction a new trial may be granted in order to fulfil the purpose of substantial justice; yet, there are no instances of new trials after acquittal unless in cases where the defendant has procured his acquittal by unfair practices. --b-- |
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