In the discussion to follow, I expand my inquiry into what happened in the English courts of the late 18th and early 19th centuries in civil cases when special expertise on the part of the decision-makers was needed. A major source that contributes to this study is the law reporting that appeared in The Times, founded in 1785. I explore three questions: (1) What types of cases in late 18th-century England were considered to be inappropriate for juries? (2) What recourses were available to the late 18th or early 19th-century English judge when the issue in a case was outside his own expertise or beyond his individual capability? (3) What exactly was the role of merchant jurors in putting their mercantile expertise to work in a given case?
Ohio St. L.J. (forthcoming)
Scholarly Commons Citation
Oldham, James, "On the Question of a Complexity Exception to the Seventh Amendment Guarantee of Trial by Jury" (2010). Georgetown Law Faculty Publications and Other Works. 360.
An earlier version of this paper was delivered on November 17, 2009, at the Ohio State Law Journal's symposium, Originalism and the Jury; the final paper is forthcoming in the Ohio State Law Journal.