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w22dheartlivie  "Kitty Lover"
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Posted - 10/06/2007 : 01:49:35
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directed verdict
(I can just see my buddy MguyX now - "she knows NOTHING about law!!!" |
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turrell  "Ohhhh Ohhhh Ohhhh Ohhhh "
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Posted - 10/06/2007 : 14:14:54
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judicial disbarrment |
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MguyX  "X marks the spot"
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Posted - 10/06/2007 : 23:41:34
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OOOOoooooo. K.
1. A mistrial ends the proceedings, and the prosecuting attorney must then determine whether she wants to try the case again, from scratch, with a new jury (if it's a jury trial). A directed verdict occurs when the judge steps in (on motion of one of the trial attorneys) and directs that a specific verdict be entered because the evidence is sufficient to determine that there can be no other result. A judge could overrule a motion for mistrial and enter a directed verdict, but no directed verdict could be entered if the judge grants a mistrial. The only things that I can think of that counter a mistrial are re-trial, dismissal, settlement, or possibly a writ (mandamus or prohibition, depending) or an appeal (depending on a number of other things that would have to have happened to make an appeal a viable option).
2. Judicial disbarment, if I understand you correctly, would be when the judge was removed from her position as a judge for all purposes (more accurate terms would be "judicial removal/recall/impeachment/censure"; this is because, technically, judges are no longer members of the state bar when they become judges (hence no "disbarment"), though they may resume their bar membership once they leave office, barring some disciplinary matter). [You may find occasional references to "judicial disbarment," but the term does not ordinarily occur in legal circles. I cannot speak for illegal circles. ] However, the deposing of a judge would not have any effect by itself on the prior rendering of a directed verdict: it would just be a bummer for the judge and her career. The only things that might remove a directed verdict are, in part as with our mistrial, settlement, a writ (mandamus or prohibition, depending) or an appeal.
3. Even if our unlucky judge were left being deposed, and probably because she granted a directed verdict immediately after declaring a mistrial and thereafter ignoring the inevitable writ or appeal that would ensue, she too could avail herself of, at least, an (and now we have our next, and implacable, entry)
appeal. |
Edited by - MguyX on 10/06/2007 23:46:30 |
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w22dheartlivie  "Kitty Lover"
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Posted - 10/07/2007 : 03:12:44
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I knew this would result in a law seminar . But my answer does stand - a directed verdict WOULD prevent the mistrial!!!
Biased Supreme Court |
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MguyX  "X marks the spot"
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Posted - 10/07/2007 : 05:28:59
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Conscientious legislature.
(I thought this was the REMOVAL game, not the prevention game!  ) |
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duh  "catpurrs"
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Posted - 10/07/2007 : 05:41:09
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pork barrel politics (hope I played correctly--if not, ignore my entry and go on) |
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TitanPa  "Here four more"
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Posted - 10/08/2007 : 08:49:46
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Communism |
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BaftaBaby  "Always entranced by cinema."
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Posted - 10/08/2007 : 10:48:43
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Greed
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turrell  "Ohhhh Ohhhh Ohhhh Ohhhh "
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Posted - 10/08/2007 : 13:18:12
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altruism |
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Stalean  "Back...OMG"
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Posted - 10/08/2007 : 15:50:51
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self-interest |
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MguyX  "X marks the spot"
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Posted - 10/08/2007 : 18:24:37
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disinterest |
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TitanPa  "Here four more"
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Posted - 10/08/2007 : 19:26:40
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Bribe |
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w22dheartlivie  "Kitty Lover"
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Posted - 10/08/2007 : 21:38:34
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quote: Originally posted by MguyX
Conscientious legislature.
(I thought this was the REMOVAL game, not the prevention game!  )
BRACKK!! BRACKK!!! BRACKK!!!! |
Edited by - w22dheartlivie on 10/08/2007 21:42:58 |
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MguyX  "X marks the spot"
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Posted - 10/09/2007 : 08:00:15
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MM0rkeleb  "Better than HBO."
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Posted - 10/09/2007 : 21:49:29
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Currency devaluation. |
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