The American Judiciary

Cover The American Judiciary
The American Judiciary
Simeon E Baldwin
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The numberof civil causes tried to the jury, taking the country as a whole, is declining. The decline is generally found to be quiteaccurately proportioned to the confidence felt by the bar in theability and independence of the judge, [Footnote: See Paper byJustice Henry B. Brown, in the American Bar Association Reportfor 1889, p. 265, on "Judicial Independence. "] or perhaps to thatconfidence in the case of a former generation. Tradition andcustom have a large influence on whatever pertains to... thepractice of law. In several of the States a majority of thecivil causes which might be tried to the jury are not: inLouisiana very few are. [Footnote: See Chap. XXIV. ] The tendencyin England is also toward dispensing with the jury in ordinarycivil trials. Over a million cases are brought every year in theEnglish county courts, and in not one in a thousand of them isthere a jury trial, although if the matter in demand is over L5in value either party may claim it. [Footnote: Maitland, "Justiceand Police, " 28, 29, 54.

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