Trial by Jury: The Seventh Amendment and Anglo-American Special Juries pdf epub fb2

Trial by Jury: The Seventh Amendment and Anglo-American Special Juries by James Oldham pdf epub fb2

Trial by Jury: The Seventh Amendment and Anglo-American Special Juries Author: James Oldham
Title: Trial by Jury: The Seventh Amendment and Anglo-American Special Juries
ISBN: 0814762042
ISBN13: 978-0814762042
Other Formats: mobi lrf docx mobi
Pages: 355 pages
Publisher: NYU Press; annotated edition (June 1, 2006)
Language: English
Category: Law
Size PDF version: 1402 kb
Size EPUB version: 1549 kb
Subcategory: Constitutional Law




While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. 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 are now considered antithetical to 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.