Definition
A verdict is the formal decision reached by a jury on the factual questions in a case, such as whether a defendant is liable or guilty and how much should be awarded in damages. In a trial without a jury, the judge makes the equivalent decision. The verdict resolves the disputed facts, but it is not the same as the final, enforceable judgment that the court later enters.
Legal Meaning
A verdict marks the conclusion of the fact-finding phase of a trial. After both the plaintiff and the defendant present their evidence and arguments, the jury deliberates and returns a verdict deciding the contested factual issues. In a civil case, the verdict typically decides whether the defendant is liable and, if so, the amount of damages. In a criminal case, the verdict is guilty or not guilty on each charge.
It is important not to confuse a verdict with a judgment. The verdict is the decision-maker's answer to the factual questions; the judgment is the court's official order that applies the law to the verdict and formally ends the case. The judge enters the judgment after the verdict, and the judgment—not the verdict—is the document a winning party enforces and the basis for any appeal.
The right to a jury verdict is rooted in the Constitution. The Seventh Amendment preserves the right to a jury in many federal civil cases, and the Sixth Amendment guarantees a jury in serious criminal cases. State constitutions provide similar guarantees. Jury rules vary: serious criminal verdicts must be unanimous, while many states permit non-unanimous verdicts in civil trials.
Key Points
- A verdict is the jury's decision on the disputed facts in a trial
- In a bench trial, the judge issues the equivalent decision
- A civil verdict decides liability and any damages amount
- A criminal verdict is guilty or not guilty on each charge
- A verdict is different from a judgment, which the court enters afterward
- Serious criminal verdicts must be unanimous in federal and state courts
- If jurors cannot agree, the result is a hung jury and possible mistrial
- A verdict can be set aside or appealed only on limited legal grounds
Real-World Example
In a civil trial, a homeowner sues a contractor for faulty work. After hearing the evidence, the jury deliberates and returns a verdict finding the contractor liable for negligence and awarding the homeowner $40,000 in damages. That decision is the verdict.
The verdict alone does not require the contractor to pay. The judge then enters a judgment based on the verdict, making the $40,000 award an official, enforceable court order. If the contractor believes the trial contained a legal error, the contractor can appeal from the judgment—but the appellate court will respect the jury's factual findings and will not simply substitute its own view of the evidence.
Types of Verdicts
| Type | What It Means |
|---|---|
| General Verdict | The jury simply states who wins and any damages amount |
| Special Verdict | The jury answers specific factual questions, leaving the legal conclusion to the judge |
| Guilty / Not Guilty | The criminal verdict on each charge |
| Directed Verdict | The judge decides the outcome because no reasonable jury could find otherwise |
| Hung Jury | Jurors cannot agree; may lead to a mistrial and retrial |
How a Jury Reaches a Verdict
Reaching a verdict follows a structured process designed to protect fairness:
Jury Instructions
Before deliberations, the judge instructs the jury on the law that applies and explains the burden of proof—a preponderance of the evidence in most civil cases and beyond a reasonable doubt in criminal cases.
Deliberation
Jurors discuss the evidence in private and try to reach the required level of agreement. They may consider only the evidence admitted at trial, which excludes improper hearsay and other material the judge kept out.
Announcing the Verdict
Once the jury agrees, the foreperson announces the verdict in open court. The losing party may then file post-trial motions or pursue an appeal from the resulting judgment.
Related Terms
Heading Toward Trial?
An experienced trial attorney can prepare your case for a jury and protect your interests after the verdict.
Find a Lawyer Near YouWhen You Need a Lawyer
Trials are complex, and the difference between a favorable and unfavorable verdict often turns on preparation and procedure. A lawyer can:
- Present your evidence persuasively and meet the burden of proof
- Request appropriate jury instructions and verdict forms
- Object to improper evidence that could sway the jury
- File post-trial motions to protect or challenge a verdict
- Advise you on whether to appeal the resulting judgment
If your case involves an injury, our personal injury practice area page explains how these cases proceed, and our guide on civil vs. criminal cases describes how verdicts differ across the two systems.
Frequently Asked Questions
What is a verdict in a court case?
A verdict is the formal decision a jury reaches on the factual issues in a trial, such as whether a defendant is liable in a civil case or guilty in a criminal case, and the amount of any damages. In a trial without a jury, the judge issues the equivalent decision, sometimes called findings of fact rather than a verdict.
What is the difference between a verdict and a judgment?
A verdict is the jury's decision on the facts, while a judgment is the court's official, enforceable order that applies the law to that decision and ends the case. The judge enters the judgment after the verdict. A judgment is what a winning party actually enforces, and it is the document from which a party can appeal.
Does a jury verdict have to be unanimous?
In serious criminal cases, the verdict must be unanimous, and the U.S. Supreme Court has held that this applies in both federal and state courts. In civil cases, many states allow a non-unanimous verdict, such as agreement by ten of twelve jurors. The exact rules depend on the jurisdiction and the type of case.
What happens if a jury cannot reach a verdict?
If a jury cannot agree on a verdict, the result is a hung jury, and the judge may declare a mistrial. The case is not decided, and the parties may negotiate a settlement or plea, or the case may be retried before a new jury. A hung jury is not an acquittal or a win for either side.
Can a verdict be overturned?
Yes, in limited circumstances. A trial judge can set aside a verdict through a motion for judgment as a matter of law or grant a new trial if there were serious errors. On appeal, a higher court can reverse a judgment based on legal mistakes, but appellate courts give strong deference to the jury's findings of fact and do not reweigh the evidence.