Law Commons^™

Trial--Polling The Jury--Manner Of Conducting, E. Gaujot Bias

West Virginia Law Review

No abstract provided.

The Right To Comment On The Failure Of The Defendant To Testify, Andrew A. Bruce

Michigan Law Review

In 1931 the American Law Institute adopted a resolution to the effect that "The judge, the prosecuting attorney and counsel for the defense may comment upon the fact that the defendant did not testify."

In the same year the American Bar Association resolved: "That by law it should be permitted to the prosecution to comment to the jury on the fact that a defendant did not take the stand as a witness; and to the jury to draw the reasonable inferences."

Torts - Negligence - Recent Acquisition Of Driver's License

Michigan Law Review

In a suit for damages for injuries allegedly negligently inflicted upon the occupant of an automobile, plaintiff testified that defendant was driving at a high rate of speed when his car began to zigzag and finally overturned, injuring plaintiff. Defendant testified that he was driving moderately when, upon their sudden application, the brakes locked, causing the car to zigzag and overturn. There was evidence to the effect that "defendant was an inexperienced driver, having just obtained his driver's license." Defendant's motions for a nonsuit and a directed verdict were refused. Held, that the question of defendant's negligence was for …

What Price Jury Trials, Jeff B. Fordham

West Virginia Law Review

No abstract provided.

Courts-Power To Direct Verdicts Where Forbidden By State Constitution

Michigan Law Review

ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …

Crimes--Burden Of Proving Alibi And Self-Defense

Michigan Law Review

The defendant, indicted for murder, requested a charge that, if the evidence as to self-defense raised in the minds of the jurors a reasonable doubt of the guilt of the defendant, they should acquit him. Held, the trial court properly refused to· give the instruction. The burden was on the defendant to establish the defense by a preponderance of the evidence. Commonwealth v. Troup (Pa. 1931) 153 Atl. 337.

Crimes-Speedy Trial-Justification For Delay

Michigan Law Review

The defendant was convicted under a state prohibition statute. The information was filed on June 7, 1929, and no further proceedings were taken against him for more than sixty days thereafter. The defendant moved to dismiss the suit on the ground that he had not had a speedy trial. No jury was on duty during the months of July, August, and the early part of September. Held, that the constitutional guaranty of a speedy trial was not infringed by such delay. State v. Vukich (Wash. 1930) 290 Pac. 992.

Should The Jury System Be Abolished, T. W. A.

West Virginia Law Review

No abstract provided.

Special Interrogatories, Arlos Jackson Harbert

West Virginia Law Review

No abstract provided.

Trial By Jury In Civil Cases--A Proposed Reform, Robert T. Donley

West Virginia Law Review

No abstract provided.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Invading The Province Of The Jury, Glenn D. Peters

Indiana Law Journal

No abstract provided.

Special Interrogatories To The Jury--Their Nature And Purpose--Court's Discretion Relative To Their Submission, G. D. H.

West Virginia Law Review

No abstract provided.

Quotient Verdicts--Admissible Evidence To Prove Same, H. C. H.

West Virginia Law Review

No abstract provided.

Abolish The Jury, J. C. Mcwhorter

West Virginia Law Review

No abstract provided.

Juries--Prejudicial Conduct--Separation, R. J. R.

West Virginia Law Review

No abstract provided.

The Attaint, John M. Zane

Michigan Law Review

The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …

The Attaint, John M. Zane

Michigan Law Review

The practice of attainting a jury was the method by which for centuries the English law corrected an erroneous finding of fact by the body of men who, in course of time, came to be called a jury. Today this necessary corrective of judicial administration is very inadequately performed by the judge or judges presiding over the trial. The proceeding is now called a motion for a new trial. The new trial is inadequate for the reason that it does not, as did the attaint, substitute a correct verdict for the one given. It merely reverses or sets aside the …

French Jury System, Simeon E. Baldwin

Michigan Law Review

France has never adopted the principle of jury trials in civil cases. For criminal trials, it was introduced during the Revolution in 1790, and by a law of the next year any qualified elector: could be chosen as a juror. It has never, however, been extended beyond the decision of the issue between the accused and the public. If (as is permitted) when the offense for which the prosecution is brought has caused pecuniary injury to some private individual, he joins himself to the cause, as a party (partie civile), and claims judgment in his favor for the damages which …