The Decline of the Civil Jury / Edition 1

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Overview

This book addresses the effect on the civil jury of a number of small, seemingly isolated changes in the composition of the jury, the interpretation of the Constitution and laws governing the jury, and the relationship between judge and jury. It argues that the cumulative effect of these changes is a significant decline in the civil jury's use and function. While the book acknowledges that there are understandable reasons why these changes have occurred, it urges that we step back from the headlong rush to jury "reform" and consider what we have done to the jury. Some changes that have occurred may be salutary, but others are surely detrimental to this Constitutional right.
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Product Details

  • ISBN-13: 9780890899489
  • Publisher: Carolina Academic Press
  • Publication date: 1/28/2002
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 394
  • Product dimensions: 5.90 (w) x 8.90 (h) x 1.00 (d)

Table of Contents

Preface
Introduction 3
Ch. 1 Why the Civil Jury? 23
Ch. 2 The Early History of the Civil Jury Trial 67
Ch. 3 Recent Changes in the Civil Jury's Environment 101
Ch. 4 The Constitutional Right to a Civil Jury Trial 157
Ch. 5 Defining the Civil Jury 209
Ch. 6 Controlling the Evidence 243
Ch. 7 Controlling the Jury's Decision-Making 271
Ch. 8 Avoidance of Trial 319
Conclusion 341
Bibliography 353
Index 385
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