Civil Jury Trial

die Beteiligung von Laien in der amerikanischen und deutschen zivilen Gerichtsbarkeit


Author: Andreas Müller

Publisher: Peter Lang Pub Incorporated


Category: Law

Page: 328

View: 4506

Vor dem Hintergrund der Harmonisierung von Rechtsvorschriften innerhalb der Europaischen Union, insbesondere auch der Bildung eines einheitlichen Gerichtsapparates als wichtiger Saule fur ein politisches Zusammenwachsen der verschiedenen Staaten, befasst sich diese Arbeit mit der Beteiligung von Laien im amerikanischen Zivilprozess und vergleicht diese mit dem deutschen Laienrichtersystem. Die Beteiligung von Laien in Verfahren der zivilen Gerichtsbarkeit ist in den USA und in Deutschland allerdings sehr unterschiedlich ausgestaltet. Hat es daher Vorteile, Laien in einem zivilen Gerichtssystem zu beteiligen und sollte eine solche Laienbeteiligung vorzugsweise nach amerikanischem oder nach deutschem Muster gestaltet werden? Die Arbeit beantwortet diese Frage letztendlich nicht, sondern versucht, anhand der Beschreibung des amerikanischen Modells Antworten zu geben."

Mastering The Mechanics Of Civil Jury Trials

A Strategic Guide Outlining The Anatomy Of A Trial


Author: Tyler G. Draa,Doris Cheng,Maureen Harrington,Franklin E. Bondonno

Publisher: Balcony 7 Media and Publishing

ISBN: 1939454441

Category: Law

Page: 298

View: 9316

Every case cited in this legacy law eBook is linked to the source and it also contains over 300 links to statutory authorities for all 50 states, making it suitable for a nationwide audience. These invaluable references are available at the touch of your fingertips as you prepare for, or learn about, critical strategies for key civil trial procedures. Mastering the Mechanics of Civil Jury Trials is THE eBook for law students, practicing attorneys, and all who are interested in law. Written by a veritable dream team of civil litigators, one a sitting judge, and all among the top-rated attorneys in the state of California, it’s endorsed by a Who’s Who of star attorneys, Bar associations, and universities due to the full color of real cases versus the black and white limitations of textbook study. Tyler G. Draa et al. are paying it forward with #LegacyLaw. The sequential mechanics of plaintiff or defendant representation is laid out clearly, with practice and planning in mind, gleaned from decades of real practice, including judicial comments throughout, covering: Reconnaissance; Pre-Trial Management; Voir Dire; Motions; Evidence; Cross and Direct Examination; Settlements; Arguments; and every step in between that should be but is not taught in law schools. Numerous legal references apply, enhanced by exhaustively comprehensive state-by-state Appendices listing statutory rulings covering important aspects of trial, including: Peremptory Challenges; Evidentiary Hearings; Jury Instructions; Computer Animation & Other Simulations; Statutes Mirroring CCP 776; and Impeaching Experts With Learned Treatises. In true pay-it-forward fashion, a portion of author proceeds are designated to continuing education organizations and charitable causes.

Japan and Civil Jury Trials

The Convergence of Forces


Author: Matthew J. Wilson,Hiroshi Fukurai,Takashi Maruta

Publisher: Edward Elgar Publishing

ISBN: 1783479191

Category: Law

Page: 208

View: 7441

With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici

The civil jury trial

a workbook


Author: Defense Research Institute

Publisher: N.A


Category: Law

Page: 48

View: 2427

How Does Law Matter?


Author: Bryant G. Garth,Austin Sarat

Publisher: Northwestern University Press

ISBN: 9780810114357

Category: Law

Page: 259

View: 348

The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.

The Indiana State Constitution


Author: William P. McLauchlan

Publisher: Oxford University Press

ISBN: 0199878102

Category: Law

Page: 208

View: 4527

In The Indiana State Constitution, William P. McLauchlan provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Indiana's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Indiana's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Jury Psychology: Social Aspects of Trial Processes

Psychology in the Courtroom


Author: Daniel A. Krauss

Publisher: Routledge

ISBN: 1317109953

Category: Psychology

Page: 240

View: 1065

The first of a two-volume set on the Psychology of the Courtroom, Jury Psychology: Social Aspects of Trial Processes offers a definitive account of the influence of trial procedures on juror decision-making. A wide range of topics are covered including pre-trial publicity and inadmissible evidence, jury selection, jury instruction, and death penalty cases, as well as decision-making in civil trials. In addition, a number of global issues are discussed, including procedural justice issues and theoretical models of juror decision-making. Throughout the volume the authors make recommendations for improving trial procedures where jurors are involved, and they discuss how the problems and potential solutions are relevant to courts around the world.

Civil Procedure


Author: Stephen C. Yeazell,Joanna C. Schwartz

Publisher: Wolters Kluwer Law & Business

ISBN: 1454874651

Category: Law

Page: 960

View: 9040

Civil Procedure is written by one of the leading voices on Procedure, Stephen Yeazell, who for this Ninth Edition is joined by his colleague Joanna Schwartz. Yeazell and Schwartz employ a pedagogical style that offers flexible organization at a manageable length. The book gives students a working knowledge of the procedural system and introduces the techniques of statutory analysis. The cases selected are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that most procedural disputes present clear-cut issues.

The Maryland State Constitution

A Reference Guide


Author: Dan Friedman

Publisher: Greenwood Publishing Group

ISBN: 9780313320446

Category: Law

Page: 399

View: 3847

This volume provides a clear and succinct analysis of the history and interpretation of each provision of the Maryland state constitution and declaration of rights.

Der Beweis des Versicherungsfalls im deutschen, U.S.-amerikanischen und englischen Recht


Author: Andreas Schmidt

Publisher: Mohr Siebeck

ISBN: 9783161517037

Category: Law

Page: 367

View: 2234

English summary: The enforceability of claims arising from an insurance contract depends largely on whether or not it is possible for the insured to prove the occurrence of the insurance contingency in a court of law. The legal systems in Germany, the USA and England have developed some similar and some different devices to obtain fair outcomes. German description: Andreas Schmidt behandelt ein Thema an der Schnittstelle von Zivilprozessrecht und Privatversicherungsrecht, das sowohl von rechtstheoretischem Interesse als auch von zentraler Bedeutung fur die versicherungsprozessuale Praxis ist. Er beginnt seine rechtsvergleichende Untersuchung bei den Grundlagen des Beweisrechts Deutschlands, der USA und Englands und ordnet den Beweis des Versicherungsfalls im Versicherungsvertragsrecht in diese Grundstruktur ein. Anschliessend erortert er die Ansatze der unterschiedlichen Rechtsordnungen hinsichtlich Vertragsauslegung, Grenzen der Parteiautonomie bei der Formulierung von Versicherungsbedingungen und Schaffung beweisrechtlicher Sonderregeln im Allgemeinen wie auch im Kontext konkreter Beweisprobleme in verschiedenen Versicherungssparten. Dabei treten Parallelen, aber auch Unterschiede im Prozessverstandnis und in den Gerechtigkeitsvorstellungen zutage.

Business on Trial

The Civil Jury and Corporate Responsibility


Author: Valerie P. Hans

Publisher: Yale University Press

ISBN: 9780300082067

Category: Law

Page: 269

View: 5582

Are jury verdicts in business trials influenced less by a corporation’s negligence than by sympathy for the plaintiffs, prejudice against business, and a belief in the corporation’s 'deep pockets'? Many members of the public and corporate executives believe that this is so, and they feel that the jury’s decision making presents serious problems for American business competitiveness and its justice system. This book shows that these assumptions are false or exaggerated.

Trial by Jury

The Seventh Amendment and Anglo-American Special Juries


Author: James Oldham

Publisher: NYU Press

ISBN: 0814762042

Category: Law

Page: 355

View: 5417

While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.

The Jury and Democracy

How Jury Deliberation Promotes Civic Engagement and Political Participation


Author: John Gastil,E. Pierre Deess,Philip J. Weiser,Cindy Simmons

Publisher: Oxford University Press

ISBN: 0199888531

Category: Political Science

Page: 288

View: 7603

Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.

The Right to a Speedy and Public Trial

A Reference Guide to the United States Constitution


Author: Susan N. Herman

Publisher: Greenwood Publishing Group

ISBN: 9780313321085

Category: Law

Page: 255

View: 3374

This volume is a user's guide to the sixth amendment rights to a speedy and public trial.

The Dearest Birth Right of the People of England

The Jury in the History of the Common Law


Author: John Cairns,Grant Macleod

Publisher: Bloomsbury Publishing

ISBN: 1847313264

Category: Law

Page: 272

View: 6783

While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800,there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment of standard issues such as jury lenity or equity, while raising questions about orthodoxies concerning the relationship of the jury to the development of laws of evidence. Moreover, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes a rounded picture of the jury as an institution, considering it in comparison to other modes of fact-finding, its development in both civil and criminal cases, and the significance, both practical and ideological, of its transplantation to North America and Scotland, while opening up new areas of investigation and research. Contributors: John W Cairns Richard D Friedman Joshua Getzler Roger D Groot Philip Handler Daffydd Jenkins Michael Lobban Grant McLeod Maureen Mulholland James C Oldham J R Pole David J Seipp

Civil juries in the 1980s

trends in jury trials and verdicts in California and Cook County, Illinois


Author: Mark A. Peterson,Rand Corporation

Publisher: Rand Corp


Category: Law

Page: 62

View: 759

This report extends earlier efforts to document and analyze the outcomes produced by the civil justice system based on studies of civil jury trials in Cook County, Illinois, and San Francisco County, California. First, the report updates the earlier work by incorporating data for the years 1980 through 1984. Second, it expands the scope of the study to include the entire state of California. Past patterns in jury awards continued in Cook County during the 1980s: The size of most jury awards did not increase (the median actually fell), but large jury awards, and therefore the average, increased sharply. The pattern that prevailed in both jurisdictions during the 1960s and 1970s, however, changed in San Francisco: There was a substantial increase in the size of awards during the 1980s across the entire range of cases tried in state and federal courts. Unlike past findings, the increase was not restricted to a few very large awards. The average award increased as in previous years, but median awards also increased to triple the median of the late 1970s.

American Civil Procedure

A Guide to Civil Adjudication in US Courts


Author: John Bilyeu Oakley,Vikram D. Amar,Vikram Amar

Publisher: Kluwer Law International B.V.

ISBN: 9041128727

Category: Law

Page: 286

View: 8003

This convenient description of civil procedure in the federal and state courts of the United States will be greatly welcomed by lawyers and legal scholars everywhere. Without going into deep analysis, the book covers every important feature of these legal systems, drawing on the expertise and experience of two well-versed practitioners. As well as the rules, policies, normative principles, and future trends, the authors cite recent cases affecting procedure. Areas covered include sources, judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgements, arbitration, and much more.