The Historical past and Significance of the Jury Trial System

I used to be studying via a latest trial transcript and loved the next historic introduction to the jury system supplied by Choose Gilstrap.  He was speaking to the potential jurors as voir dire was nearly to start.  — Dennis

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We’re engaged or about to be engaged this morning within the choice of a jury within the civil case involving allegations of patent infringement. For those who’d indulge me, although, for only a minute, I’d prefer to briefly assessment with you at this juncture how we got here to have our American civil jury trial system.

For those who return in historical historical past, should you begin with the primary 5 books within the Outdated Testomony, the Pentateuch, you will see that the traditional Hebrew nation impaneled juries to resolve problems with property possession and property worth.

The Greeks, the traditional Greeks, started utilizing a jury system about 1500 B C. The Romans, as with many different issues, copied the jury system from the Greeks and applied a jury system as part of historical Rome. And, in truth, it was the Romans that introduced the jury system to Europe throughout the English Channel into what we now know as Nice Britain once they conquered Nice Britain within the fourth century A.D.

Now, by the twelfth century A.D., the jury system had been in place in England, what we now know as England, for 800 years. However within the twelfth century A.D., a fairly tyrannical king got here to the throne of England and his title was King John. And he turned embroiled in numerous disputes along with his nobles that just about led to the verge of a civil warfare.

A type of disputes was the king’s efforts to eliminate the appropriate to trial by jury. Fortunately, the civil warfare didn’t happen at the moment, and the king and his nobles resolved their many disputes, together with this one, by coming into right into a written settlement that they signed at a spot in England known as Runnymede. And this settlement that settled all these disputes and laid out a construction for that nation going ahead, together with ensures of the appropriate to trial by jury, is a doc lots of you’ll have heard of known as the Magna Carta.

And so you possibly can see, girls and gents, that our British forefathers who got here to this continent as colonists introduced the jury trial system with them. And the jury trial system flourished in colonial America for over 100 years, till one other tyrannical king got here to the throne of Nice Britain. This time his title was King George III. I’m certain you’ve have studied him in American historical past that led as much as our American revolutionary warfare. And the king, previous to that, turned embroiled in lots of disputes along with his American colonists.

A type of disputes was King George III efforts was to eliminate or to considerably curtail the appropriate to trial by jury. In reality, girls and gents, when Thomas Jefferson sat down to jot down the Declaration of Independence which spells out — it actually was a letter to the king telling the king all the the explanation why his topics in America felt they’d no different choice however to revolt, declare their independence, and type their very own unbiased nation, a kind of causes set forth by Thomas Jefferson within the Declaration of Independence for that separation between America and Britain was King George III’s efforts to eliminate or curtail considerably the appropriate to trial by jury.

And as you’re all conscious, we did revolt towards Nice Britain, we did type our personal unbiased nation, and shortly thereafter we adopted the governing doc for our nation, the supreme legislation of the land, the Structure of america.

And instantly after the Structure was ratified, there have been ten additions or amendments added to the Structure. Most of the states made it clear they’d not vote to ratify the Structure with out a dedication to instantly add these ten amendments. And these ten amendments you’ve all studied about at school. They’re known as the Invoice of Rights. And in these first ten amendments to the Structure, you will see the Seventh Modification to the Structure, which ensures, girls and gents, the appropriate to each American citizen to have their civil disputes resolved via a trial by jury. These ten amendments, the Invoice of Rights, have been all ratified in 1791. So since 1791, nicely over 200 years in the past, each American has had a constitutionally assured proper to have their civil disputes settled via a trial by jury.

So by being right here this morning, with that temporary background and overview of how we bought to have the jury trial system that we’re implementing in the present day, I would like you to understand within the Court docket’s view each one in all you listed here are doing a vital half to protect, shield, and defend the appropriate to trial by a jury as a part of our constitutionally assured rights. I all the time inform residents who seem for jury responsibility as you’ve this morning that, in my private view, the jury responsibility or jury service rendered by any citizen is the second highest type of public service any American can render for his or her nation. In my private view, the very best type of public service are these women and men that serve in our armed forces.

Now, later within the course of this morning, the attorneys for each side are going to deal with you. They’re going to ask you questions. I would like you to grasp none of them are looking for to inquire unduly into your private affairs. Mentioned one other method, none of them are attempting to be nosy and to ask you about issues that aren’t related to this case. They are going to be asking you questions as part of working with the Court docket to safe a good and an neutral jury from amongst you to listen to the proof on this case. I would like you to additionally perceive when the attorneys ask you questions later as part of this course of, there aren’t any incorrect solutions, so long as the solutions you give are full, full, and truthful. So long as they’re full, full, and truthful, there aren’t any incorrect solutions. . .

Finesse Wi-fi LLC v. AT&T Mobility LLC, Docket No. 2_21-cv-00316 (E.D. Tex. Aug 23, 2021) (trial transcript day 1).