Trial by jury : the Seventh Amendment and Anglo-American special juries
Type
Book
Authors
ISBN 10
0814762042
ISBN 13
9780814762042
DDC
347.73
Category
Women and the Law
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Publication Year
2006
Publisher
New York University Press, United States
Pages
ix, 355 pages
Subject
Women and the Law
Abstract
"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 now conflict with 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."--BOOK JACKET.
Description
Content:
The scope of the Seventh Amendment guarantee -- The complexity exception -- Law versus fact -- Determining damages : the Seventh Amendment, the writ of inquiry, and punitive awards -- The jury of matrons -- The self-informing jury -- The English origins of the special jury -- Special juries in England : nineteenth-century usage and reform -- Special juries in the United States and modern jury formation procedures.
The scope of the Seventh Amendment guarantee -- The complexity exception -- Law versus fact -- Determining damages : the Seventh Amendment, the writ of inquiry, and punitive awards -- The jury of matrons -- The self-informing jury -- The English origins of the special jury -- Special juries in England : nineteenth-century usage and reform -- Special juries in the United States and modern jury formation procedures.
Biblio Notes
Includes bibliographical references (pages 229-312) and index.
Number of Copies
1
