10 March 1807

Judicial Justice

Letter V

I. Shapes

1. Misdecision

When the misdecision is regarded as having for its subject the matter of fact, the correction is administered, under the previous allowance indeed if a set of permanent Judges (those of the Court in which the action was brought), but immediately by another Jury: and, in this instance as in the former one, the decision by which the supposed correction is administered is called a verdict - a second verdict: the Trial on the occasion of which this fresh verdict is pronounced is called a New Trial: and the application, the prayer of which being addressed as above to the Court, that such New Trial may take place, is called a Motion for a New Trial.