mistrial


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 terminated prior to its normal conclusion. A device used to halt trial proceedings when error is so prejudicial and fundamental that expenditure of further time and expense would be wasteful if not futile. Ferguson v. State, Fla., 417 So.2d 639, 641.
The judge may declare a mistrial because of some extraordinary event (e.g. death of juror, or attorney), for prejudicial error that cannot be corrected at trial, or because of a deadlocked jury. "Mistrial" is equivalent to no trial and is a nugatory trial while "new trial" recognizes a completed trial which for sufficient reasons has been set aside so that the issues may be tried de novo. People v. Jamerson, 196 Colo. 63, 580 P.2d 805, 806

Black's law dictionary. . 1990.

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


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