In the ordinary course of legal proceedings, outsider the context of dispositive motions (to dimiss, for summary judgment), the jury does make these decisions. I coukd a decision made in a court proceeding as made by the courts. Btw, jury trials are declining, byt it's not clear what to do about that because they are fabulously expensive and time-consuming for all, and if every case now disposed of pretrial went to trial, we'd have a situation like Dickens Jardyce v. Jarndyce, with cases dragging on for a century. There is a tradeoff to get a reasonably quick heraing. And I will say as someome who has been in the position of drafting decisions in cases involving dispositive motionms, that a lot of cases ought never go near the jury. Waste of everyone's time and money. jks
--- Shane Mage <[EMAIL PROTECTED]> wrote: > Justin asks: > > > >Why do we leave the decisions to the courts? Well, > we > >could leave to to arbitrators and sometimes do. Or > to > >administrative agencies, but that just generaly > means > >to administrative law judges. Who would you leave > the > determination of liability to? > > Just as for non-fictional persons. The > determination > belongs to a jury of real persons, randomly selected > from the community at large. > > Shane Mage > > "Thunderbolt steers all things...It consents and > does not > consent to be called > Zeus." > > Herakleitos of Ephesos > __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
