This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever impaneling a jury. In contrast, a jury would be used if pretrial inspection demonstrated legitimate "doubt" about the relevant issue. Demurrer to the evidence, while not identical to summary judgment, is similar because it allowed a judge to take a case away from a jury where the nonmovant's evidence failed to prove a claim or defense. The Article criticizes a rigid interpreta...
As I have stated, summary judgment is unconstitutional. Professors Edward Brunet's and William Nelson's Symposium responses to my article Why Summary Judgment Is Unconstitutional, previously published in the Virginia Law Review, confirm that summary judgment is unconstitutional. No procedure analogous to summary judgment existed under the English common law in 1791, the common law that governs the constitutionality of modern procedures that affect the civil jury trial right. Misreading and ignoring the governing common law, Professor Brunet offers a different type of trial under the common law, a non-jury trial-the trial by inspection-as the common law analogy to summary judgment. A look at this trial shows that, if analogous to anything in modern litigation, this trial has similarity t...
... the jury trial right, including the demurrer to the pleadings, the demurrer to the evidence, th...
... challenged the sufficiency of the evidence by filling a demurrer pursuant to a Pennsylvania R...
The trial court did not err in granting the appellee a directed verdict on the invalidity of a release agreement. The evidence supports the jurys finding that the appellant had entered into a partnership or joint venture. The trial court did not err in preventing the appellant from presenting evidence or argument about the partnership or joint venture being dissolved. The trial court did not err in allowing the appellee to introduce evidence about liability insurance. The trial court did not err in denying the appellants motion for a directed verdict regarding whether a partnership or joint venture existed. The trial court did not err in instructing the jury on the issue of fraud and in denying the appellants motion for a directed verdict on that issue. The jurys verdict on the fra...
...At the conclusion of all the evidence, the defendant requested the court to direct a ver... rules of the common law in respect of demurrers to evidence and nonsuits. It therefore will be wel...
...At the close of all the evidence the District Court granted the Government's motion... jury, by at least two procedures, the demurrer to the evidence and the motion for a new trial. Th...
...After a demurrer, which was overruled, a plea was filed November 26...After the evidence on the part of the plaintiff was all in, the defen...
.... On the trial the State offered no evidence as to the doctrines advocated, suggested or taught... motions to quash the information, his demurrer to the evidence-which does not appear in the recor...
... testimony the company demurred to the evidence, and plaintiff joined in the demurrer; whereupon, ...
... defendant then filed its separate demurrer May 28, 1898, assigning as causes misjoinder of pa..., and on October 20, at the close of the evidence for plaintiff, each company filed its separate dem...
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