Allowing lawyers to challenge jurors for bias could help preserve
the civil jury system in the long run, says Ottawa personal injury lawyer Najma Rashid.
This report shows how the media are producing a deeply skewed and distorted understanding of
our civil jury system.
Many legislatures have been pressured to undermine
the civil jury system by restricting access to the courts and limiting juries» power and authority.
For more great stuff, including why our judges love
the civil jury system, get the Center for Justice & Democracy's new BRIEFING BOOK, TORT LITIGATION AND JURIES: BY THE NUMBERS.
For those of you who don't know him, he's an outspoken partner at the large corporate defense firm, Covington & Burling, who has made a career of attacking corporate regulations and
the civil jury system.
Not exact matches
Declaring that the «grand
jury system is broken» in «dealing with police... questions of criminality and killings» Sharpton urged federal government action akin to the mid-20th century actions on enforcing
civil rights.
They tell us that making sure corporations are held accountable when their actions harm consumers, employees, or communities (70 %) should be a much higher priority for the
civil justice
system than limiting the amount of compensation that
juries can award for pain and suffering.»
From colonial days until now, this
system has continued to develop to allow individuals and classes of persons who have been harmed by wrongdoing or negligence (i.e. «torts») to seek monetary compensation through a
civil jury trial.
The Lilly Ledbetter Act, which related to the
civil justice
system if not the
civil jury, provides some hope for those of us championing this fight, but it will be an uphill slog.
a broad range of issues relating to the structure of the government and to
civil rights and
civil liberties — ranging from racial justice to federalism from the right to privacy to the separation of powers from the right to vote to the role of
juries — have a unique impact and import in the context of the criminal justice
system.
Being a personal injury lawyer is no easy job; you need to believe in your client, have faith in the justice
system, and, very importantly, learn and develop the skills necessary to convince a judge and
jury that the clients we represent are not overreaching or crying out for mere sympathy, but instead are persons deserving of
civil justice.
It's a shame because as we also noted in our letter to Safer, «In the 1980s, 60 Minutes engaged in some ground - breaking journalism with correspondent Ed Bradley and producer David Gelber that exposed myths about
juries and the
civil justice
system, which were then and continue to be perpetuated by the insurance industry, drug companies, tobacco companies, medical lobbies and other special interests seeking to limit their liability from lawsuits.»
The
civil jury trial is all but extinct outside the United States; they have little use for our adversarial
system.
It is also rare for Canadians to employ a
jury system in the courts during a
civil matter.
An attempt to bar insurance - paying drivers from
civil juries would kill the
system as we know it, says Toronto personal injury lawyer Jessica B. Mahabir.
2 For an extensive list of studies demonstrating the competence of
juries, see, e.g., Testimony of Neil Vidmar, Russell M. Robinson, II Professor of Law, Duke Law School before The Senate Committee on Health, Education, Labor and Pensions, «Hearing on Medical Liability: New Ideas for Making the
System Work Better for Patients,» June 22, 2006 at 10 («The overwhelming number of the judges gave the
civil jury high marks for competence, diligence, and seriousness, even in complex cases... Systematic studies of
jury responses to experts lead to the conclusion that jurors do not automatically defer to experts and that jurors have a basic understanding of the evidence in malpractice and other cases.
There has been a lot of talk in the past several months about abolishing the
jury system for
civil cases; and if not for all
civil cases, at least for motor vehicle crash cases.
The Alberta
Civil Trial Lawyers Association was founded in the Spring of 1986 as a non-profit society dedicated to the objectives of advancing the science of jurisprudence, training in all fields and phases of advocacy, upholding the honour and dignity of the profession of law, encouraging brotherhood and sisterhood among the members of the bar, upholding and improving the adversary
system and trial by
jury, and promoting the administration of justice and the public good.
An attempt to bar drivers who pay insurance from serving on
civil juries would revolutionize the
system as we know it, Ottawa personal injury lawyer Howard Yegendorf tells AdvocateDaily.com.
There is a well - established procedure in the federal courts of the United States, and similar structures in all state
systems I'm familiar with, that allows the judge to overrule a
civil jury if it finds that no reasonable
jury could have reached the verdict they did.
And the
jury gave the usual verdict... [9]... While
jury trials in
civil cases seem to exist in Ontario solely to keep damages awards low in the interest of insurance companies, rather than to facilitate injured parties being judged by their peers, the fact is that the
jury system is still the law of the land....
Look at the first sentence in para. 9 of the reasons: «While
jury trials in
civil cases seem to exist in Ontario solely to keep damages awards low in the interest of insurance companies, rather than to facilitate injured parties being judged by their peers, the fact is that the
jury system is still the law of the land.»
You criticize the Liebeck case and suggest it was non-meritorious but ignore the fact that the foundation of our
civil justice
system, a
jury of our peers, found the case meritorious and determined that McDonald's was partly liable for her injuries.
In addition, this course will highlight a number of specialized topics including the role of
juries in deciding
civil disputes, the ethical responsibilities of the litigation attorney, and the development of alternative dispute resolution
systems.
The discriminatory practices of judges, attorneys and
juries have been documented as contributing to the disproportionate representation of African - Americans in the justice
system (e.g. Leadership Conference on
Civil Rights, 2000).