mistrial

mistrial
The effect of prejudicial error which cannot be corrected or obviated by any action taken by the court. The equivalent of no trial; a nugatory proceeding. Where a jury is discharged without a verdict, the proceeding is properly known as a mistrial; and where a verdict is set aside because it ought not to stand, the result is the same. The proceeding has miscarried, and the consequence is not a trial but a mistrial. Fisk v Henarie (CC Or) 32 F 417, 427.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • mistrial — mis·tri·al / mis ˌtrī əl/ n: a trial that terminates without a verdict because of error, necessity, prejudicial misconduct, or a hung jury see also manifest necessity compare dismissal 2, trial de novo …   Law dictionary

  • Mistrial — Mis*tri al, n. (Law) A false or erroneous trial; a trial which has no result; a trial which comes to no conclusion, such as a criminal trial which does not produce a unanimous verdict of the jurors. [1913 Webster +PJC] …   The Collaborative International Dictionary of English

  • mistrial — (n.) 1620s; see MIS (Cf. mis ) (1) + TRIAL (Cf. trial) (n.) …   Etymology dictionary

  • mistrial — ► NOUN ▪ a trial made invalid through an error in proceedings …   English terms dictionary

  • mistrial — [mis′trī΄əl] n. Law a trial made void because of a) a prejudicial error in the proceedings or lack of jurisdiction by the court ☆ b) the inability of the jury to agree upon a verdict …   English World dictionary

  • mistrial — [[t]mɪ̱straɪəl, AM tra͟ɪ [/t]] mistrials 1) N COUNT A mistrial is a legal trial that is conducted unfairly, for example because not all the evidence is considered, so that there must be a new trial. The past has been scarred by countless… …   English dictionary

  • mistrial — /mis truy euhl, truyl /, n. Law. 1. a trial terminated without conclusion on the merits of the case because of some error in the proceedings. 2. an inconclusive trial, as where the jury cannot agree. [1620 30; MIS 1 + TRIAL] * * * ▪ law       in… …   Universalium

  • mistrial — n. (legal) to declare a mistrial * * * [ˌmɪs traɪəl] (legal) to declare a mistrial …   Combinatory dictionary

  • mistrial — UK [mɪsˈtraɪəl] / US noun [countable] Word forms mistrial : singular mistrial plural mistrials legal a trial that was not done correctly and has to be started again …   English dictionary

  • mistrial — An erroneous, invalid, or nugatory trial. A trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite before or during trial. Trial which has been… …   Black's law dictionary

  • mistrial — An erroneous, invalid, or nugatory trial. A trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite before or during trial. Trial which has been… …   Black's law dictionary

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