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Oracle's Motion for JMOL, as text -- Oracle Asks to Win Everything It Lost, and More, More, More ~pj | 305 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Oracle's Motion for JMOL, as text -- Oracle Asks to Win Everything It Lost, and More, More, More ~pj
Authored by: Anonymous on Monday, June 25 2012 @ 02:47 AM EDT
OP here. Just looking into jury nullification, it does look
as if it is more of a criminal matter than a civil, but one
would imagine that there are similar principles involved.

Many thanks for reading.

[ Reply to This | Parent | # ]

Quote from Wikipedia answers the question
Authored by: bugstomper on Monday, June 25 2012 @ 03:58 AM EDT
IANAL, and Wikipedia isn't a primary source, but assuming that nobody has pranked the article just before I read it, here is what the relevant artcle says:
A "motion for judgment n.o.v." (non obstante veredicto, or notwithstanding the verdict) asks the court to reverse the jury's verdict on the grounds that the jury could not reasonably have reached such a verdict. This motion is made after the jury's verdict. If granted, the court enters a new verdict. This motion can be used in a criminal case only to reverse a guilty verdict; not guilty verdicts are immune to reversal by the court.

Under Rule 50, Federal Rules of Civil Procedure, the motion for directed verdict and JNOV have been replaced by the motion for judgment as a matter of law (JAMOL), which can be made at the close of the opposing party's evidence and "renewed" after return of the verdict (or after the dismissal of a hung jury).

Under Rule 29, Federal Rules of Criminal Procedure the "motion for a judgment of acquittal," or Rule 917, Rules for Courts-Martial the "motion for a finding of not guilty," if the evidence presented by the prosecution is insufficient to support a rational finding of guilty, there is no reason to submit the issue to a jury.

[ Reply to This | Parent | # ]

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