Between Partiality and Living Democracy: The Jury Trial in the US Civil Process

The use of juries in the US civil process is a central point of conflict in transatlantic legal relations. In particular, observers in Germany criticize the sums of compensation that are perceived as exorbitant, which are awarded to a successful plaintiff by American juries. The record damages recently imposed by a Californian jury against SAP pours new water on the critics' mills. The following article analyzes the legal background of the jury process and explores the question of whether and to what extent the criticism of the use of juries in US civil proceedings finds empirical confirmation.

Overview