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Full-Text Articles in Law
Should A Correct Verdict Be Set Aside Because The Jury Failed To Follow Erroneous Instructions?, Edson R. Sunderland
Should A Correct Verdict Be Set Aside Because The Jury Failed To Follow Erroneous Instructions?, Edson R. Sunderland
Articles
One of the common grounds of a new trial is that the verdict is contrary to law. What law is meant,--the law as it really is, or the law that was given to the jury by the court's instruction? Most cases hold to the latter view. It is the duty of the jury to take the law from the court, whether the court in so giving it is right or wrong. Hence, the jury violate their duty if they fail to follow instructions, even if the instructions are wrong, and a verdict based on a breach of the jury's duty …
Cost Of Public Justice, John R. Rood
Cost Of Public Justice, John R. Rood
Articles
The common citizen who becomes victim of a wrong and seeks redress in the courts of America soon finds by bitter experience that it is better to bear those ills we have than go to law. The expense is more than the thing is worth. The result depends on who has the longest purse, the most endurance, and the shrewdest lawyer, and little on the merits of the case. When he gets to court he finds his remaining money is being spent, not in the trial of his case, but in deciding whether an absque hoc is a sine que …
The Inefficiency Of The American Jury, Edson R. Sunderland
The Inefficiency Of The American Jury, Edson R. Sunderland
Articles
What is proposed in the present article is to show that in attempting to preserve the independence of the jury in its exclusive juris- diction over questions of fact, the people and the courts in most American jurisdictions have departed from the common law practice and have introduced a principle calculated to undermine the very institution which they wish to strengthen. That is to say, through the rules prohibiting judges from commenting on the weight of the evidence, juries tend to become irresponsible, verdicts tend to become matters of chance, and the intricacy of procedure, with its cost, delay and …
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Articles
A recent Oklahoma case raises one phase of a question which has been perplexing the courts ever since jury trials were invented, and in regard to which there is a great contrariety of opinion. After a verdict had been rendered for the plaintiff in a personal injury suit, the defendant made a motion for a new trial on the ground of misconduct of the jury, and in support of his motion offered the affidavits of several of the jurors to the effect that the verdict was determined upon as the result of an agreement whereby each one of the jurors …
Pleading Estoppel, W. Gordon Stoner
Pleading Estoppel, W. Gordon Stoner
Articles
No subject is fraught with more difficulties for the pleader than that of estoppel. The problems of "when" and "how" to plead seem never so perplexing as when they arise in connection with this subject. That these problems are not confined to any day or age is evidenced by the reports from the time of Lord COKE down to the latest advance sheets of the present day reporter systems, and the lawyers of no generation have been wholly agreed on their solution. No system of pleading yet established has been free from these questions and with each general change in …
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Articles
In the last edition of "Sedgwick's Elements of the Law of Damages" the author says (p. 232) that the subject of liquidated damages has been put in a new light by the two cases of the Sun Printing and Publishing Association v. Moore1 and the Clydebank R. &S. Co. v. Castaneda,2 and that they may be expected to have a considerable effect upon the further development of the law on the subject. The learned author then presents the old canons of interpretation with full illustration from the cases, followed by the citation of the decisions above mentioned, and concludes that …
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Articles
The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.
Compensation Of Experts, Henry W. Rogers
Compensation Of Experts, Henry W. Rogers
Articles
The law relating to the compensation of experts is somewhat unsettled, and the cases are not numerous in which the subject has been considered. This very fact, however, lends additional interest to the subject, and the question is one of great importance. In some of the States the law expressly provides that when a witness is summoned to testify as an expert he shall be entitled to extra compensation. Such a provision may be found in the laws of Iowa, of North Carolina, and of Rhode Island.