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Mistrial (1)
MISTRIAL (1)

Definition: (law) A trial that is not considered valid because of a mistake in the way it has been conducted.
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* All seven elements would be in.


1. Purposeful and necessary, for consideration to be given that leads to declaration of trial as 'null and void'.

2. Any, some or all of the elements of a valid trial, listed below, would be absent during initial 'kangaroo session'.
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a. No jurisdiction.

b. Incompetent judge.

c. No fair hearing.

d. There was a lack of service to a party.

e. Meddlesome nature of the 'partial' judge.

f. Proven case of compromise of the judge/jury. Or demonstration of vested interest by judge.

g. Misdirection of jury by the judge.

h. No sustained quorum.

i.

j.
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CIVIL, OR...



3. Mistake or error was not expected to lead to trial being ruled as improper, on appeal, to a court of higher jurisdiction.

4. Proceedings and judgement, where trial took place, caused a serious loss, injustice, miscarriage of justice, etc.
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CRIMINAL, OR...



5. The course of the law and the cause of justice will be properly served by the conclusion drawn, after a review of earlier trial.

6. A new trial, retrial, rehearing, declaration, etc., as appropriate, will be the result or fallout of consideration.

7. Mistake is properly documented and listed in the appropriate law reports, to serves as a deterrent to other judges, jurors, etc.
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... some CONSTITUTIONAL MATTER.

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