DID YOU KNOW?

After a recent ruling, juries in Oregon civil cases no longer need the same nine jurors to agree on different categories of damages.

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2 Responses to DID YOU KNOW?

  1. thnidu says:

    Uhh… So let me see. There’s a suit with three different civil charges (1, 2, 3), and the jurors line up differently for the different charges. E.g.:

    1 + + + – – + – + + + + +
    2 – + + + – + + + + + – +
    3 + + + + + – + + + – + +

    There are only five jurors who voted guilty on all three charges, and the other seven jurors voted in four different patterns. So, before this decision the defendant would’ve been considered to have been found not guilty on all three charges? Sheeeesh! Common sense finally gets its day.

  2. No quite. Oregon allows civil cases to be decided by a vote of nine of 12 jurors. In the case in question, the defendant negligence, but disputed causation and damages. All 12 jurors voted the negligence had caused the damages. at least nine (the opinion doesn’t say how many) voted for the same figure of economic damages. A different set of at least nine voted for the same figure of non-economic damages. Based on that, there was a vote of nine for causation and economic damages, and a different vote of nine for causation and non-economic damages. In the past, judges were requiring the same nine jurors to agree on all three issues, but now if you can get liabilit and economic damages by one set of nine and liability and non-economic damages by another set, that’s good enough.

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