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LSDefine

Simple English definitions for legal terms

Retrial

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A quick definition of Retrial:

A retrial is when a court has a new trial for a case that has already been decided. This happens when there was a mistake made during the first trial, like if the jury was given the wrong information or if someone lied. Sometimes, new evidence is found that could change the outcome of the trial. A retrial gives everyone a chance to make things right and make sure the right decision is made.

A more thorough explanation:

A retrial is a new trial of a case that happens after a previous trial has ended. It is done to re-examine some or all of the matters from the concluded trial. A party files a motion for a new trial, and a court may grant a retrial if there was a significant error of law, a verdict going against the weight of the evidence, irregularity in the court proceeding, jury or prosecutorial misconduct, newly discovered material evidence, or improper damages.

  • U.S. v. Doyle: The Seventh Circuit granted a retrial based on prosecutorial misconduct. The prosecutors failed to disclose material exculpatory information which was favorable to the defense as they were bound to and where they failed to provide the defense with evidence relating to the credibility of prosecution witnesses.
  • Payne v. Jones: The Second Circuit remanded for a retrial on damages. The Court found punitive damages of $300,000 for officer’s use of excessive force improper, emphasizing judges’ familiarity with the legal system and verdicts to justify the Court’s reduction in the jury’s punitive damage award.
  • U.S. v. Eads: The Seventh Circuit explained that for federal criminal cases, for a criminal defendant to receive a retrial because of newly discovered evidence, the defendant must provide evidence that “(1) came to his knowledge only after trial;  (2) could not have been discovered sooner through the exercise of due diligence;  (3) is material and not merely impeaching or cumulative;  and (4) would probably lead to an acquittal in the event of a retrial.

These examples illustrate how a retrial can be granted for various reasons, such as prosecutorial misconduct, improper damages, or newly discovered evidence. In each case, the court found that there was a significant error in the previous trial that warranted a new trial to be held.

Retraction | Retroactive

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HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
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