Verdict: assessing the civil jury system

Abstract

The right to a jury trial is a fundamental feature of the American justice system. Yet in recent years, aspects of the civil jury system have increasingly come under attack. Debate has centred on both substantive law - specifically the doctrines that allow injured individuals to recover compensation from those who caused their injuries - and legal procedure - primarily the high and rising costs of litigation, delay in resolving disputes and the quality of justice. This book features papers presented at a recent conference co-sponsored by Brookings and the litigations section of the American Bar Association. The conference brought together leading scholars, attorneys, federal and state legislators, and their staffs, to examine the civil jury system. Here, they consider the workings of the civil jury system in both federal and state courts throughout the United States. They explore the future of the jury trial as a means of resolving civil disputes, and they identify what part of the system should be retained and what changes should be made.