FEDERAL COURTS-DETECTED VERDICTS IN CIVIL ACTIONS

Cavitch, Zolman

Journal: Michigan Law Review

Volume: 47

First Page: 974

Year: 1949

Bluebook Citation: 47 MICH. L. REV. 974 (1949)

Author: Zolman Cavitch: all 10 publications


Abstract

Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict for one of the parties and then enters judgment accordingly.

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