This volume presents the proceedings of the symposium held in Toulouse on April 24, , This volume presents the proceedings of the symposium held in Toulouse on April 24, , on the topic Biological Markers of Alzheimer's Disease. Consensual Processes. The word consensus has been frequently used for centuries, perhaps millenia. People have always deemed People have always deemed it important that decisions having a long lasting impact on groups, countries or even civilizations be arrived at in a consensual manner. Undoubtedly the complexity The term dislocation is used in several different senses in the literature of mechanics.
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Politics and Institutions in an Integrated Europe. In this volume, a group of distinguished economists, political scientists, and sociologists analyze the political You already recently rated this item. Your rating has been recorded. Write a review Rate this item: 1 2 3 4 5.
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Similar Items Related Subjects: 8 Voting. Political parties. Social choice. Linked Data More info about Linked Data. All rights reserved. Remember me on this computer. Cancel Forgot your password? Hannu Nurmi. Print book : English View all editions and formats. Neither is the case, so it seems undeniable that I have different degrees of belief in each of these propositions. In fact, it is so obvious that each of us has different credences for different propositions that it is extremely hard to imagine a functioning world in which that is not the case.
Unfortunately, what is obvious to all of us is not obvious to the legal system. The problems posed by the discursive dilemma and the lottery paradox strike at a foundational tenet of our judicial system: that the jury serves as the trier of fact and the judge as the applier of law. The special-verdict form, as it is implemented today, is defective.
Simply put, the jury voting paradoxes that I have identified are endemic to special verdicts. The general verdict, the other major verdict type, avoids these issues but suffers from other drawbacks. Specifically, in complex cases that require many factual findings, the general verdict offers little guidance to jurors. Of the verdict types in use, only the general verdict with answers to written questions sidesteps the jury voting paradoxes while still offering sufficient guidance to jurors.
Unfortunately, this hybrid verdict is rarely adopted, and when it is, the verdict is often used inappropriately. In this Essay, I provide a method to do so and argue that properly using the general verdict with answers to written questions represents the best solution to the jury voting paradoxes. In Part I, I discuss the three types of jury verdicts and outline the advantages and disadvantages of each. In Part II, I detail the jury voting paradoxes and explain why they present problems for the legal system. Finally, in Part III, I show how judges can eliminate the jury voting paradoxes by employing general verdicts with answers to written questions.
There are three basic types of jury verdicts: 1 general verdicts, 2 special verdicts, 6 and 3 general verdicts with answers to written questions. The general verdict—the form most popular in Hollywood courtroom dramas—simply directs the jury to find in favor of one party or the other. In open court, the jury only renders a final judgment on the issues in dispute; it does not reveal the analysis or factual findings that led each of the jurors to reach the verdict.
The second type of verdict is the special verdict.
Hannu Nurmi, Voting Paradoxes and How to Deal with Them
This verdict is most commonly used in civil trials. The third and final type of verdict is the general verdict with answers to written questions. This is a hybrid verdict in which the jury both issues specific findings of fact and renders a general verdict. It achieves these benefits while still permitting the jury to resolve the central question of which party should prevail. The U. Court of Appeals for the Ninth Circuit has neatly summarized the basic differences among the verdict types as follows:. If the jury announces only its ultimate conclusions, it returns an ordinary general verdict; if it makes factual findings in addition to the ultimate legal conclusions, it returns a general verdict with interrogatories.
If it returns only factual findings, leaving the court to determine the ultimate legal result, it returns a special verdict. The basic differences among each of the three verdict types lead to distinct advantages and disadvantages. Many prominent legal scholars argue that reserving this power for the jury is necessary to ensure that the jury system functions as it was designed.
Supreme Court Justices Black and Douglas believed so strongly in the importance of the general verdict that they opposed incorporating Rule 49—which permits judges to use special verdicts—into the Federal Rules of Civil Procedure. Justices Black and Douglas stated that. Rule 49 is but another means utilized by courts to weaken the constitutional power of juries and to vest judges with more power to decide cases according to their own judgments.
Although the general verdict provides jurors with more discretion, it does so at the cost of clarity. By its very nature, the general verdict is less transparent than the special verdict.
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The general verdict asks the jury to render a verdict on the cause of action without requiring the jury to articulate the factual findings in a step-by-step manner to ensure that it has reached a decision grounded in both law and fact. Where the general verdict falters, the special verdict thrives. By taking the jury through a cause of action fact by fact, the special verdict ensures that the jurors understand exactly what the plaintiff must prove in order for the defendant to be found liable.
poxyrydulomo.ml However, if the jury has submitted answers to discrete questions, any additional litigation will likely be confined to a narrow issue or set of issues. Many judges support special verdicts for these reasons. For example, in Berkey Photo, Inc. Eastman Kodak Co. In that way the right to a jury trial of all factual issues is preserved while the probability of a laborious and expensive retrial is reduced. Xerox Corp. Second, the use of numerous interrogatories seemed to offer some prospect of minimizing the risk of retrial.
The final verdict type, the general verdict with answers to written questions, retains the advantages of the general and special verdicts while avoiding many of their disadvantages. Some scholars, however, criticize this type of verdict for prolonging jury deliberations and causing hung juries. Instead of applying the facts to the law, jurors will actually do the reverse.
They will determine their preferred legal outcome and then make factual findings that lead to that conclusion. Notwithstanding these criticisms of general verdicts with answers to written questions, I argue that they should be adopted in civil cases in place of special verdicts. Prior discussions of verdict choice have failed to account for the existence of jury voting paradoxes.
Once their effect on the jury system is understood, however, it becomes clear why special verdicts are flawed and general verdicts with answers to written questions are so appealing. In the next Part, I examine precisely how the discursive dilemma and the lottery paradox can undermine the jury decision-making process. The discursive dilemma is a problem that arises during majoritarian judgment aggregation.
The prototypical illustration of the discursive dilemma involves three judges who must form judgments on two premises and a conclusion:. As shown in Table 1, the first judge believes both premises and accordingly accepts the conclusion. The second judge rejects the conclusion, believing that the first premise is true but that the second is not. Finally, the third judge believes the second premise but not the first, leading him to also reject the conclusion.
From this set of beliefs, we see that each premise has majority support, but the conclusion does not. More specifically, the collective belief is as follows: 1 the defendant had a contractual obligation to undertake a specific action; 2 the defendant failed to perform that action; and 3 the defendant is not liable for breach of contract. This inconsistency has the odd effect of making the outcome of the case depend on whether the court holds a vote on the premises or on the conclusion.
If the former, the defendant will be found liable; if the latter, the defendant will be found not liable.
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Just as the judges on this panel must decide whether to vote on the premises or on the conclusion, individual judges must decide whether to have the jury render a general or special verdict.