Complexity can render some civil cases constitutionally unsuitable for jury trial

Evidence

As Box 5.3 indicates, there is considerable controversy about whether the jury serves the cause of justice. In England, the birthplace of the modern jury, jury trials have declined in criminal cases and have virtually disappeared in civil cases. In the United States, jury trials have likewise declined, particularly in civil cases, where fewer than one-third of trials are jury trials. Indeed, an appellate court ruled in one civil case that the issues were so complex that a trial by jury would constitute a denial of due process. … Underlying this ruling is the belief that ordinary citizens lack the capacity to comprehend highly technical evidence and apply complicated legal standards so as to render decisions in accordance with law. — G. Alan Tarr, Judicial Process and Judicial…, 1435

Categorization

• SEED: Angle: the jury as gatekeeper of institutional competence — when does fact-finding complexity become a due-process problem?
• XREF: connects to: Civil justice’s core challenge is ensuring ordinary citizens can access courts — G. Alan Tarr, Judicial Process and Judicial…, 1045; Pretrial proceedings, not trials, determine most civil case outcomes — G. Alan Tarr, Judicial Process and Judicial…, 2200; Many civil cases require only judicial ratification, not genuine adjudication of a dispute. — G. Alan Tarr, Judicial Process and Judicial…, 2251 (+7 more)

Broader Connections

• Verdict forms with compound legal questions confuse juries beyond their competence #corroborates (1.00) — , Harr Jonathan - A Civil Action, 2337
• Juries satisfy the form of a verdict without understanding its substance #corroborates (1.00) — , Harr Jonathan - A Civil Action, 2398
• Ad hoc adjudication breaks litigant participation and undermines its legitimacy #corroborates (1.00) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3312
• Most civil cases are decided during the pretrial phase, not at trial #corroborates (1.00)