practice. An error made by a judge in charging the jury in a special case. 2. Such misdirection is either in relation to matters of law or matters of fact. 3. 1. When the judge at the trial misdirects the jury, on matters of law, material to the issue, whatever may be the nature of the case, the verdict will be set aside, and a new trial granted; or if such misdirection appear … [Read more...]
MISPRISION
In criminal law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law. 3 Inst. 36. But more particularly and properly the term denotes either (1) a contempt against the sovereign, the government, or the courts of justice, including not only contempts of court properly so called, but also all forms of seditious or disloyal conduct … [Read more...]
MISCARRIAGE OF JUSTICE
An injustice. A significant wrong that occurs during trial which is of such great substance that a wrongful decision or verdict is made and would merit quashing such judgment or verdict on appeal. … [Read more...]
MISE
The issue in a writ of right When the tenant in a writ of right pleads that his title is better than the demandant's, he is said to join the mise on the mere right . Also expenses; costs; disbursements in an action. Mise-money. Money paid by way of contract or composition to purchase any liberty, etc. Blount. Misera est servitus, nui jus est vagum aut incertum. It is a … [Read more...]
MISREADING
Reading a deed or other instrument to an illiterate or blind man (who is a party to it) in a false or deceitful manner, so that he conceives a wrong idea of its tenor or contents. See 5 Coke, 19; 6 East 309; Hallenbeck v. Dewitt, 2 Johns. (N. Y.) 404. … [Read more...]