Abstract

http://ssrn.com/abstract=1568192
 


 



Disparate Treatment of the Allocation of Power between Judge and Jury in Legal and Medical Malpractice Cases


Dale Moore


Albany Law School

1988

Temple Law Review, Vol. 61, p. 353, 1988

Abstract:     
The allocation of decisionmaking power between judge and jury has always been an important theme in tort law. This article explores the extent to which courts and judges reserve for themselves the decisionmaking authority on malpractice issues rather than submitting them for jury determination. After examining legal and medical malpractice cases from the perspective of the allocation of decisionmaking power between judge and jury, this article concludes that physicians’ conduct is more likely than attorneys’ conduct to receive jury scrutiny.

Keywords: Decisionmaking authority on malpractice issues

Accepted Paper Series


Not Available For Download

Date posted: March 11, 2010  

Suggested Citation

Moore, Dale, Disparate Treatment of the Allocation of Power between Judge and Jury in Legal and Medical Malpractice Cases (1988). Temple Law Review, Vol. 61, p. 353, 1988 . Available at SSRN: http://ssrn.com/abstract=1568192

Contact Information

Dale Moore (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States

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