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Call # KF8972 .O415 2006
Author Oldham, James
Title Trial by jury : the Seventh Amendment and Anglo-American special juries / James Oldham
Imprint New York : New York University Press, c2006
Book Cover
 INTL  KF8972 .O415 2006    AVAILABLE
 McDonough Display  Faculty Publication    SCRR USE ONLY


Descript. ix, 355 p. : ill. ; 24 cm
Summary/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
Note Includes bibliographical references (p. 229-312) and index
Subject United States. Constitution. 7th Amendment
Jury -- United States -- History
Jury -- England -- History
Constitutional law -- United States
OCLC # 62738549
Table of Contents
1The scope of the Seventh Amendment guarantee5
2The "complexity exception"17
3Law versus fact25
4Determining damages : the Seventh Amendment, the writ of inquiry, and punitive awards45
5The jury of matrons80
6The self-informing jury115
7The English origins of the special jury127
8Special juries in England : nineteenth-century usage and reform153
9Special juries in the United States and modern jury formation procedures174