Law and Fact in Common Law Procedure

Abstract

This paper examines some aspects of the boundary between law and fact in the common law. Part 1 looks at relevant procedural developments in English law from the medieval period to the nineteenth century. Part 2 discusses the contrasting views of Thayer and Holmes as to the roles of jury and judge in applying the law to the facts. Part 3 adverts to the consequences of the decline of the use of juries in civil cases in many jurisdictions.