"Special verdicts are where the jury find the facts of the case, and upon those facts refer the decision of the cause to the court, with a conditional conclusion, that if the court should be of opinion that the plaintiff, upon the facts found, has a good cause for action, then they find for the plaintiff; but if otherwise, then they find for the defendant."
Special verdict
A verdict in which the jury gives its findings on factual issues in the case, without necessarily stating which party should win. The judge decides what questions the jury should answer, and the judge can draw legal implications from the jury's answers. A special verdict can provide many benefits in a complex case, especially if one party appeals the judgment.
See General verdict (contrast).
Definition from Nolo’s Plain-English Law Dictionary
The jury's decisions or findings of fact with the application of the law to those facts left up to the judge, who will then render the final verdict. This type of limited verdict is used when the legal issues to be applied are complex or require difficult computation.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:24 pm