Abstract

http://ssrn.com/abstract=1968930
 
 

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Only Eleven Shillings: Abusing Public Justice in England in the Late Eighteenth Century


James C. Oldham


Georgetown University Law Center

2012

The Green Bag, 2012
Georgetown Public Law Research Paper No. 11-138

Abstract:     
This eleven-shilling tempest started in 1786 in a local Court of Requests in Yarmouth, then generated, sequentially, a perjury indictment, three jury trials at the assizes (all before special juries), a jury verdict for £3,000 with costs of £800, an indictment for libeling the public justice of England, and a fourth jury trial (also before a special jury). Among the questions that the proceedings invite are: Why did the parties risk being bankrupted by this seemingly trivial dispute? How open to challenge were jury verdicts? When could a jury verdict be overturned because the damages assessed by the jury were considered by the reviewing court to be excessive? Could a jury verdict be thrown out based on a post-trial affidavit of one or more of the jurors claiming that the verdict had been reached by an improper method? How impressionable were the jurors, even special jurors, in response to the eloquence and forensic skills of the barristers? Who ultimately paid for the preparation and conduct of this pile of proceedings?

Number of Pages in PDF File: 24

Keywords: england, legal history, public justice, jury verdict, Hurry v. Watson

JEL Classification: K00, K33, K39

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Date posted: December 6, 2011  

Suggested Citation

Oldham, James C., Only Eleven Shillings: Abusing Public Justice in England in the Late Eighteenth Century (2012). The Green Bag, 2012; Georgetown Public Law Research Paper No. 11-138. Available at SSRN: http://ssrn.com/abstract=1968930

Contact Information

James C. Oldham (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
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