“I am not the kind of person that sues.”
“I am not the kind of person that sues.” I hear potential clients say this all the time. People have been indoctrinated by political, social and even religious views that tell them that is a bad thing to file a lawsuit.…
“I am not the kind of person that sues.” I hear potential clients say this all the time. People have been indoctrinated by political, social and even religious views that tell them that is a bad thing to file a lawsuit.
If you had to go over history homework with your middle school aged kids or still remember your history class, then you probably know that our right to have a jury trial is guaranteed by the 7th Amendment to the Bill or Rights.
The 7th Amendment was a way to check the abuse of power by the government. If someone damages your business, your property or you, then you have the Constitutional right to sue them. A jury of your peers will decide whether your claim is valid and if so then how much will adequately compensate for your damages.
And while people criticize what they see as jury verdicts that they don’t agree with, like the McDonald’s hot coffee verdict or the Casey Anthony murder trial, the jury is an integral part to our system of justice.
As Thomas Jefferson explained: that
“[w]e all know that permanent judges acquire an esprit de corps; that, being known, they are liable to be tempted by bribery; that they are misled by favor, by relationship, by a spirit of party, by a devotion to the executive or legislative; that it is better to leave a cause to the decision of cross and pile than to that of a judge biased to one side; and that the opinion of twelve honest jurymen gives still a better hope of right than cross and pile does ( a coin flip). It is left therefore, to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English liberty.”
The jury system is something the United States and our English cousins can rely on to address the wrongs of the government or other citizens against us. The jury may not always get it right in your view. I have received jury verdicts for my clients that I have not agreed with. But usually it is because the jury does not know the whole story. Or the jury has been provided facts that only cloud the real issues in the case. Whatever the reason, we have a system that puts everday people, not legal professionals, in the courtroom to decide many important issues in our society.
So next time that you get that jury notice in the mail, I sugges that you don’t try to “get out” of jury duty. Embrace the power and shared privilege that all citizens have and serve on jury. Listen to the evidence and make a decision based upon those facts and your common sense. You will end up serving the parties to the lawsuit, your community, your country and your self by keeping the system working.
