To try to bring more consistency
between judge and jury awards, the courts decided that in jury cases a judge should give guidance to the jury, suggesting an award for loss of society within an appropriate range of figures.
There is not one shred of doubt, however, about the Framers» paradigm for criminal justice: not the civil - law ideal of administrative perfection, but the common - law ideal of limited state power accomplished by strict division of authority
between judge and jury.
Not exact matches
Another
judge, Joan Madden, consolidated unrelated asbestos cases, which resulted in huge increases in
jury verdicts — from an average of $ 7 million to $ 24 million per plaintiff
between 2010
and 2014, data collected by Bates White Economic Consulting show.
Note that there is no relationship (at least legally)
between the death penalty
and use of weapons by police force; even in countries with death penalty police follows the same Rules of Engagement (use weapon as self - defense or when other people are in danger), death penalty is stablished by a
jury or
judge (police is a law enforcement agency, sentences are issued by
judges or
juries)
Faced with a scientific controversy as complex as that now raging over cusum can lawyers,
judges and juries be expected to decide
between the scientific
and the specious?
Palme d'Or Competition films by Michael Haneke, Hong Sangsoo, François Ozon, Naomi Kawase, Todd Haynes,
and Lynne Ramsay promise to give critics
and jury judges some high - quality films to choose
between.
Winners were chosen by the Game Marketing Association's esteemed panel of
judges and jury comprised of leading members of the games industry, from top games publishers, developers
and PR & Marketing agencies for all promotional campaigns released or aired
between January 1, 2015
and December 31, 2015.
, ArtPharmacy (Blog), June 12 Elisa della Barba, «What I loved about Venice Biennale 2013», Swide, June 2 Juliette Soulez, «Le Future Generation Art Prize remis a Venise», Blouin Artinfo, May 31 Charlotte Higgins, «Venice Biennale Diary: dancing strippers
and inflatable targets», The Guardian On Culture Blog, May 31 Vincenzo Latronico, «Il Palazzo Enciclopedico», Art Agenda, May 31 Marcus Field, «The Venice Biennale preview: Let the art games commence», The Independent, May 18 Joost Vandebrug, «Lynette Yiadom - Boakye», L'Uomo Vogue, No. 441, May / June «Lucy Mayes, «Lynette Yiadom - Boakye», a Ruskin Magazine, Vol.3, pp. 38 - 39 Rebecca Jagoe, «Lynette Yiadom - Boakye: Portraits Without a Subject», The Culture Trip, May Lynette Yiadom - Boakye, «Lynette Yiadom - Boakye on Walter Richard Sickert's Miss Gwen Ffrangcon - Davies as Isabella of France (1932)», Tate etc., Issue 28, Summer, p. 83 «Turner Prize - nominated Brit has art at Utah museum», Standard Examiner, May 1 Matilda Battersby, «Imaginary portrait painter Lynette Yiadom - Boakye becomes first black woman shortlisted for Turner Prize 2013», The Independent, April 25 Nick Clark, «David Shrigley's fine line
between art
and fun nominated for Turner Prize», The Independent, April 25 Charlotte Higgins, «Turner prize 2013: a shortlist strong on wit
and charm», guardian.co.uk April 25 Charlotte Higgins, «Turner prize 2013 shortlist takes a mischievous turn», guardian.co.uk, April 25 Adrian Searle, «Turner prize 2013 shortlist: Tino Sehgal dances to the fore», guardian.co.uk, April 25 Allan Kozinn, «Four Artists Named as Finalists for Britain's Turner Prize», The New York Times, April 25 Coline Milliard, «A Crop of Many Firsts: 2013 Turner Prize Shortlist Announced», Artinfo, April 25 Sam Phillips, «Former RA Schools student nominated for Turner Prize», RA Blog, April 25 «Turner Prize Shortlist 2013», artlyst, April 25 «Turner Prize Nominations Announced: David Shrigley, Tino Sehgal, Lynette Yiadom - Boakye
and Laure Prouvost Up For Award», Huffpost Arts & Culture, April 25 Hannah Furness, «Turner Prize 2013: a dead dog, headless drummers
and the first «live encounter» entry», Telegraph, April 25 Hannah Furness, «Turner Prize 2013: The public will question whether this is art,
judge admits», Telegraph, April 25 Julia Halperin, «Turner Prize shortlist announced», The Art Newspaper, April 25 Brian Ferguson, «Turner Prize nomination for David Shrigley», Scotsman.com, April 25 «Former Falmouth University student shortlisted for Turner Prize», The Cornishman, April 29 «Trickfilme und der Geschmack der Sonne», Spiegel Online, April 25 Dominique Poiret, «La Francaise Laure Prouvost en lice pour le Turner Prize», Liberation, April 26 Louise
Jury, «Turner Prize: black humour artist David Shrigley is finally taken seriously by
judges», London Evening Standard, April 25 «Turner Prize 2013: See nominees» work including dead dog, grave shopping list
and even some paintings», Mirror, April 25 Henry Muttisse, «It's the Turner demise», The Sun, April 25 «Imaginary portrait painter up for Turner Prize», BBC News, April 25 Farah Nayeri, «Tate's Crowd Artist Sehgal Shortlisted for Turner Prize», Bloomberg Businessweek, April 25 «Turner Prize finalists mix humour
and whimsy», CBC News, April 25 Richard Moss, «Turner Prize 2013 shortlist revealed for Derry - Londonderry», Culture24, April 25 «David Shrigley makes 2013 Turner Prize shortlist», Design Week, April 25 «The Future Generation Art Prize@Venice 2013», e-flux.com, April 21 Skye Sherwin, «Lynette Yiadom - Boakye», The Guardian Guide, March 2 - 8, p. 36 Amie Tullius, «Seasoned by Whitney Tassie», 15 Bytes, March «ARTINFO UK's Top 3 Exhibitions Opening This Week, ARTINFO.com, February 25 Orlando Reade, «Whose Oyster Is This World?»
What this means to the modern practitioner is that all players in the game (attorneys, clients,
judges and juries), now share the same understanding
and appreciation of not only the meaning of the term legal malpractice, but its role in maintaining the balance
between the attorney's prerogatives in selecting strategy
and tactics
and the clients» right to competent, ethical representation.
[3] Another way to increase similarity
between your litigation team
and the
jury is to mirror body language by subtly matching the
judge's or jurors» postures
and gestures to make them feel more at ease
and positive about you because you seem more like them.
Would any sane lawyer expect a
judge (or
jury) to do anything but agree that if the document in question is an agreement
between the parties,
and was signed prior to the agreement in question, it falls into the «prior agreements» category?
Between the early 1960s
and late 1980s, the conviction rates for
judge and jury was roughly the same; the 20 years before that,
judges actually convicted much more often than
juries.
On your more general point (realism of court - room dramas) the most striking difference
between TV
and real life (from my single experience) was that the entire court process was far more geared around the
jury than is (usually) depicted on TV: witnesses are directed to talk TO the
jury (not to the barristers or
judge); we were encouraged to indicate to the
judge if at any time we were uncertain, or «uncomfortable» for any reason (e.g. because of the nature of the evidence, or simply if we needed the toilet).
The Sacks panel held that a trial
judge should not use the word «necessary» in explaining the meaning of the but - for test to a
jury, because all the but - for test requires is a «real
and substantial connection»
between the negligence
and the injury.
They further submitted that the
judge had failed adequately to direct the
jury as to the necessary connection
between the articles in their possession
and the alleged acts of terrorism.
The final portion of this opinion that a three -
judge panel of the U.S. Court of Appeals for the First Circuit issued today contains an interesting discussion of the potential for overlap
between a
jury's award of damages for emotional distress
and what a
jury might have awarded had it been advised (as it should have been but was not at the original trial) that an award of punitive damages in favor of the plaintiff was appropriate.
Again,
judges and juries were in general agreement as to the appropriate verdict,
and complexity of the trial did not differentiate
between judges»
and juries» preferred outcomes.
This common situation invariably creates a significant gap in communication
between the lawyer
and the
judge and jury.
Answering this question inevitably requires the
judge to engage in a limited weighing of the evidence because, with circumstantial evidence, there is, by definition, an inferential gap
between the evidence
and the matter to be established — that is, an inferential gap beyond the question of whether the evidence should be believed... The
judge must therefore weigh the evidence, in the sense of assessing whether it is reasonably capable of supporting the inferences that the Crown asks the
jury to draw.
In ICBC injury claims
judges and juries are often asked to pick
between competing medical opinion evidence.
Rodriguez had a chilling effect
and pressured undocumented injured plaintiffs in a personal injury lawsuit from choosing
between (a) revealing their immigration status in a public trial
and being subjected to deportation proceedings (b) revealing their immigration status
and having the
jury scrutinize
and judge their legal status in the United States, or (c) not reveal their immigration status
and drop their lost future earnings no matter how high the damage.
However, the ratio
between jury convictions
and overall acquittals is more or less the same for offences of serious violence as for rape, from which it is almost certainly safe to infer that the ratio
between jury convictions
and acquittals returned after due deliberation (not
judge - directed) will be broadly the same for serious violence generally
and for rape.
Do the available official statistics allow us to compare the conviction / acquittal rate
between rape trials
and trials for the generality of offences where
juries have actually deliberated
and given verdicts of their own, that is excluding directed acquittals after the
judge has made a decision to stop the case?
The trial
judge's comment that most cases fall into the lower end of the range, that is
between 5 percent
and 10 percent is useful additional guidance for the
jury.
At the very least, it can create distance
between the trial team
and the
judge or
jury, just at the moment when the team should be building rapport.
Between now
and when you have been discharged from
jury duty by the
judge, you must not provide or receive any information about your
jury service to anyone, including friends, co-workers,
and family members.
In doing so, Erickson opens a window onto a world where
judges»
and juries» responses to the most intimate or violent acts were coloured by a desire to shore up the liberal economic order by maintaining boundaries
between men
and women, Native people
and newcomers,
and capital
and labour.
But the
Judge is often only setting out legal alternatives: he is telling the
jury what the prosecutor must prove, since certain differences do exist
between - for instance - what amounts to murder,
and what does not but might nevertheless amount to manslaughter (in the USA, termed 2nd - degree murder).
As Lord Chief Justice Mansfield put it in 1784: «It is the duty of the
judge, in all cases of general justice, to tell the
jury how to do right, though they have it in their power to do wrong, which is a matter entirely
between God
and their own consciences.»
Solicitor General Donald Verrilli, representing the Obama administration, insisted in his brief that the Supreme Court made clear in the 2009 Iceruling that
judges must consider the historical role of the
jury in deciding how to draw a line
between the role of
judges and juries.