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

Gear

Groklaw Gear

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


You won't find me on Facebook


Donate

Donate Paypal


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
Me too. Except - | 312 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Not for ignoring the Law and writing their own?
Authored by: Anonymous on Friday, September 28 2012 @ 09:51 AM EDT

Anyone who appreciates jury nullification or other jury empowerment theories should be staying far away from this.
To quote another:
With great power comes great responsibility!
While I can respect the power of the Jury to decide a given Law is totally inappropriate - such as the Law Rosa Parks fought against - that's not a power to be used lightly.

The Jury - via the public information Hogan has made available - decided to ignore the Jury Instructions regarding damages and set their own damages by their own calculations. This is just one example of where the Jury appears to have ran off-track.

Yes, I appreciate Jury Nullification. But I also think that while a Jury has the power to supersede the Law - if they choose to do so, then they must also explain their choice. Such power should not be used lightly, and not without some kind of examination into it when it is applied.

If it can be used without any kind of oversight or control - then it's a tool that could easily be used for Mob Justice. How do we prevent that if not by some type of oversight or overrule?

We're not talking about a dispute on how to interpret certain evidence or a disagreement on who to trust. We're talking about a Jury that seems to have deliberately chosen to ignore the Jury Instructions. The instructions that guide on how the Law is laid out and what the Jury's responsibilities are.

And this isn't a case where we're talking about the freedom of an ebony woman to sit on a bus seat without fear of incarceration. We're talking about a civil lawsuit between two Corporations.

So - here's the magic question: Why did the Jury feel it appropriate to ignore Jury Instructions and take the Law into it's own hands?

Do I feel Mr. Hogan's life should be examined?

With respect the publicly available information on Lawsuits which he may have played a role in wherein he told the Court he wasn't involved in any: Absolutely.

With respect to the privacy of the rest of his life, his family, friends, etc. No - to myself that would be crossing the line.

RAS

[ Reply to This | Parent | # ]

Me too. Except -
Authored by: cpeterson on Friday, September 28 2012 @ 01:06 PM EDT
Mr. Hogan chose this. He decided to go public, and tell the world that he and
his knowledge and his experience were the deciding factors in the jury's
verdict. He went out of his way jump into the pool; he can't now decide to keep
from getting wet.

The other jurors didn't do that, and it *would* be very wrong to dig into their
stuff.

Hogan - he's demanded it. We'd be remiss to not look.

[ Reply to This | Parent | # ]

I am very much against smearing the jury
Authored by: albert on Friday, September 28 2012 @ 01:09 PM EDT
"smearing the jury"? Aren't you over-reacting just a little? Hogan,
_by his own statements_, indicted himself. His business affairs are a matter of
_public record_. He offered opinions on his own motivations. I see nothing
wrong with analyzing these statements.

[ 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 )