Also known as: directs a verdict · directed a verdict · directing a verdict · directed verdict · judgment as a matter of law · JMOL
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a court orders the jury to return a verdict for one party. The device applies when the opposing party has failed to present legally sufficient evidence on an essential element of a claim or defense under the controlling law.
Delilah Duran sued Decker Electronics for breach of contract after the company failed to deliver custom components. At trial Duran presented evidence of the contract and breach but offered no proof of any resulting loss. After both sides rested, Decker moved for judgment as a matter of law. The court granted the motion because no reasonable jury could find damages.
Derek Douglas sued Dover Bank for negligence after a teller mistakenly froze his account. During trial the bank presented evidence that its employee had acted reasonably. Before the case went to the jury the bank moved for judgment as a matter of law and specified the missing element of breach. The court considered the motion at that point.
Select any source to read its text and confirm it supports the definition.
Dominic Drake sued Delta Dynamics for product liability after a machine part failed. At trial undisputed evidence showed Drake had modified the machine in a way that caused the failure. After both sides rested Delta moved for judgment as a matter of law on the ground that no reasonable jury could find causation. The court granted the motion.
Dolores Diaz sued Dominion Capital for fraud after an investment loss. The jury returned a verdict for Diaz. On appeal Dominion argued the evidence was legally insufficient. The court examined whether a reasonable jury could have found the required elements of reliance and damages.
David Dawson was convicted of murder after a trial in which the prosecution presented circumstantial evidence of intent. On appeal Dawson challenged the sufficiency of the evidence. The court asked whether any rational trier of fact could have found the essential elements beyond a reasonable doubt.
Diane Dawson sued a tobacco company for failure to warn. The jury found for Dawson. The company had moved for judgment as a matter of law at the close of evidence but did not renew the motion after the verdict. On appeal the company could not challenge the sufficiency of the evidence.
A court may direct a verdict when the party has been fully heard on an issue and no reasonable jury could find for that party on the issue under the controlling law. The motion must identify the specific claim or defense and the missing legal or factual basis.
Supporting sources
The party is barred on appeal from arguing that the evidence was legally insufficient to support the verdict. The failure to renew prevents appellate review of sufficiency even if the original motion was made during trial.
Supporting sources
Both require the absence of a genuine issue of material fact and entitlement to judgment as a matter of law. Summary judgment is decided on the pretrial record while a directed verdict is decided after the parties have been fully heard at trial.
Supporting sources
No. The court directs a verdict only when the party has failed to meet its burden on an issue that is necessary to maintain or defeat the entire claim or defense under the controlling law.
Supporting sources
…nor a public figure. It added that, if he were, the resulting application of the New York Times standard would require a directed verdict for respondent. Because some statements in the article constituted libel per se under Illinois law, the court submitted the case to the jury under instructions that withdrew from its…