decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
To add to: he performed his task to try and sway others | 380 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Does it seem the jury foreman mis-used his authority?
Authored by: PJ on Thursday, May 24 2012 @ 01:15 PM EDT
Well, because of his strongly held views, there
will now have to be another trial, costing more
millions. A juror is not supposed to be intransigent,
although he can't vote with the majority if he
honestly feels otherwise. But there is a reasonable
balance.

But this guy sent a note asking why it had to
be unanimous, after being told in the instructions
it had to be. So I think in all fairness he went
too far. Part of the jury's job is to be
reasonable. In the end, he was won over,
in the patent phase, but the copyright
case has to be done over because of him,
essentially.

I wonder if his views were worth that, if he
even knew that would be the result.

[ Reply to This | Parent | # ]

To add to: he performed his task to try and sway others
Authored by: Anonymous on Thursday, May 24 2012 @ 01:22 PM EDT

It was also their task to try and sway him to their point of view. Ultimately he decided that since no one else thought Oracle had proven their perspective, that he must logically conclude Oracle had not.

That's what happens in discussion where the end result must be unanimous:

    Either everyone discusses the various points and "tries to sway others to their perspective" in order to reach a unanimous verdict all the while "considering others perspectives in order to see if they can be swayed to the others perspectives".
Or
    They accept they simply can't support the same position and are therefore "hung" on the decision.
Now... they could have just walked in to the "deliberation", cast their votes once on each of the questions and decided they were totally hung. But if they did that... would they really be complying with the intent behind the word "deliberation":
    Long and careful consideration or discussion.
I'd think not.

Bottom line: You can't have careful consideration and discussion if either:

    A: you're not willing to listen to others
or
    B: you're not willing to explain your position to others to help them understand your position
And really... sway is just a word, for some it's only used in a negative context:
    The ability to exercise influence or authority
So yes... he could have been trying to exercise his authority as foreman. But he could just as easily been exercising nothing more then his influence of logic and words... the same as the rest of them.

RAS

[ Reply to This | Parent | # ]

I have seen this done before.
Authored by: Anonymous on Thursday, May 24 2012 @ 06:42 PM EDT
I was on a criminal jury several years ago. When the jurors went back to
deliberate, there was one juror who asked to be foreman. Turned out that she
was convinced that the jurors had not heard the entire story and that she
thought that the defendant was not the only responsible party. She could not
identify a single bit of testimony or evidence for why she thought this way and
afterwards voted to convict with the rest of the jury.
The lesson of this , is that if you are ever on a jury, try to get a jury
foreman who does not want the job but is open minded. Avoid those who want to
be foreman, they have an agenda.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )