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The Judge and the Jury, Part Two

Whose Case Is This, Anyway?


A misguided minority of law students think that civil procedure is dull, but in truth it is full of surprises. You may well have been surprised to learn from the last chapter that a judge may snatch a case from the jury in the middle of trial by entering judgment as a matter of law. It is perhaps even more surprising that the judge may actually allow the jury to deliberate and reach its verdict on the evidence but refuse to enter judgment on the verdict rendered. At first blush this seems the ultimate affront to the jury system, for the judge to allow the jury to go through the entire trial process and reach its decision, and then disregard or reverse it. Yet, as we shall see, there are good reasons to allow the judge to do so.

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