Verdict

When a jury issues a verdict, it is establishing that certain facts have been proven on matters referred to that body by a judge. The word literally means "truth speaking," and like many legal terms, entered the English language from Latin ("veredictus") via medieval French ("verdit").

In a U.S. criminal court, only two verdicts are available; "guilty" or "not guilty." In Scottish courts, there is a third verdict, which is "not proven." Such a verdict technically acquits a defendant on the basis of insufficient evidence, but implies guilt nonetheless; defendants who receive such a verdict may find their reputations severely compromised. Although there have been several attempts in recent years to introduce this verdict into U.S. jurisprudence, none have yet been successful.

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Civil law suits are rarely conducted before a jury, and then only if one or both parties request it. In such cases, the jury's decision as to whether or not the defendant was liable and any monetary damages may also be referred to as a verdict.

In a tort (personal injury) case, such a verdict will also include information as to specifically how the defendant was liable. For example, a jury verdict in an asbestos case may state that (A) the defendant was liable (B) because company management was aware of the dangers of asbestos, yet chose to install the product in one of its workrooms, (C) causing the plaintiff to contract mesothelioma, (D) which resulted in $152,000 in medical expenses and $120,000 in lost income, in addition to pain and suffering.

It is important to understand that such verdicts are invariably appealed by corporate defendants. The results of such appeals vary. If a jury's verdict contained a substantial amount for "pain and suffering" (which is difficult to quantify), a higher court (particularly a federal one) will certainly reduce the amount. The more a plaintiff's award is based on documented facts and figures, the more likely it will be allowed to stand during the appeals process.

Mesothelioma & Asbestos Related Glossary of Legal Terms

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