Jury determinations cannot generalize into law because juries lack a recorded rationale.

Evidence

When the jury makes the decision, there is no such means. The determination thus operates as one of fact, in the sense that it has significance only for the particular case. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 167

Categorization

  • XREF: Why jury findings stay case-specific feeds the appellate-review and institutional-competence thread in this volume. — connects to: Courts need legislative facts, not just adjudicative facts, to make law. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 225; Trial de novo appeals exist because lower courts keep no verbatim record. — G. Alan Tarr, Judicial Process and Judicial…, 417

Broader Connections