Business on Trial

The Civil Jury & Corporate Responsibility

Yale UP, 2000

15 min read

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The Robin Hood Jury: Fact or Fiction?

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Recommendation

Valerie P. Hans has written a thorough, carefully designed study of jury behavior in civil trials. While presenting information cautiously and academically, she thoroughly explodes several common myths about civil juries and makes a powerful (if understated) case for the preservation of the civil jury system. She begins with surveys and quotes, preferring to let her data speak for itself, until she draws final conclusions and points out areas for further scholarship. Hans does not over-generalize, but the book is often repetitive, in part because some of the studies and issues overlap. Even so, the information is trimmed to a manageable length. This is not an entertaining read, but getAbstract finds the information and interviews clear, useful and accessible. This is a particularly helpful book for law students and professors, litigators, reporters covering the courts, corporate legal departments and anyone involved in civil litigation, especially if you have a voice in selecting a jury.

Summary

Lawsuits against Businesses

Lawsuits against business have become more frequent in United States courts. These lawsuits, especially product liability cases, can have enormous impact. They have fueled a debate about the soundness and future of the civil jury system.

In the 19th century, lawsuits against business were rare. Social attitudes put individual responsibility first and experts feared that excessive lawsuits would strangle the economy. Americans were used to living with risk and adversity and assuming individual responsibility. Gradually, as industrial-related accidents, injuries and deaths became more common, responsibility shifted toward corporations and business. Today, juries decide many cases involving corporations, where the businesses are typically defendants but can also be plaintiffs. Most cases are settled prior to a jury decision, but lawyers and litigants look to prior jury decisions when making their decisions about when to file suits and when to settle.

Are Juries Pro-Plaintiff?

The civil jury serves an important political role. It reflects public expectations about corporate responsibility in the marketplace and sends messages about...

About the Author

Valerie P. Hans is a professor in the department of sociology and criminal justice at the University of Delaware.

Valerie P. Hans

Business on Trial

The Civil Jury & Corporate Responsibility

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Editorial Rating

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Summary

Lawsuits against Businesses

Are Juries Pro-Plaintiff?

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