NCJ Number
121611
Journal
Wisconsin Law Review Volume: 1989 Issue: 2 Dated: (1989) Pages: 237-357
Date Published
1989
Length
121 pages
Annotation
This article examines the manner in which Federal courts of appeals have treated civil jury verdicts during the 20 years that the U.S. Supreme Court has refused to scrutinize the actions of the Federal circuit courts, with emphasis on a review of 208 cases brought to Federal courts of appeals challenging the sufficiency of evidence to support a verdict.
Abstract
Prior to 1968, the U.S. Supreme Court vigorously enforced the seventh amendment right to a jury trial in civil cases. The history of the Court's enforcement of this constitutional right is discussed in detail, along with an assessment of the consequences of the Court's position, maintained since 1968, that it would not grant review in any case asserting a claim of a seventh amendment violation. The assessment focuses on the period 1984-1985 in which 208 reported cases were brought before Federal courts of appeals challenging the sufficiency of evidence to support a jury verdict. Many courts of appeals are reversing jury fact-finding, an action that was once very rare. Current procedures are compared with pre-1968 Supreme Court precedents, with the conclusion that appellate courts are excessive in overturning jury verdicts. 471 footnotes.