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| Authored by: PJ on Wednesday, August 29 2012 @ 11:22 AM EDT |
If no reasonable jury could find what this
jury did, the judge can toss it out. That is
the bar. So if she realizes, being a former
patent attorney, that the prior art does
prove no infringement, it doesn't matter
if she heard what the foreman said or not. If
she sees it, no doubt it would help her reaach
a conclusion as to the reasonableness of the
verdict, but it's an independent
analysis, based on the evidence.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, August 29 2012 @ 03:11 PM EDT |
Would it make any sense at all that a Jury can do anything - including
completely ignore the Law, authoring their own Law, deciding to enslave someone,
etc. - without some kind of mechanism in place to prevent attrocities?
To
me it doesn't. So to myself: yes, depending what happens in the deliberation
room, there should be a mechanism in place which can review for proper Legal
application.
Now... is there? Given the term "Jury Misconduct" exists
within the US Judicial environment, I'll deduce yes.
RAS[ Reply to This | Parent | # ]
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