U.S. and European Jury Systems Term Paper

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Reform from within the EU does not seem possible, either. It is so structured as to prevent changes in member states' minority status and other modifications from becoming attainable. Attempts by any government to amend the Community laws are considered doomed to failure, because Parliament has almost no part in European law-making (Andrews).

Conclusion

Common and civil law systems are inherently opposed, although their shared goal is to conduct a just, speedy and most inexpensive settling of conflicts (Messitte 1999). American courts have increasingly acknowledged the need to continuously evaluate and modify their processes and altogether improve the quality of justice. Efforts cover many other aspects of court activity, ranging from dispute resolution mechanisms, such as arbitration and mediation, to procedures, such as default and summary judgment used I the early stage of a trial without needing to proceed to a formal trial (Messitte).

Jury trial has disappeared in the English civil law since the Common Law Procedure Act of 1854 when communications improved with railroads and the telegraph. Now, the right to a jury trial is reserved for serious offenses, such as rape, assault and murder, and which explains why people in California pay $53 a year to support their court system as compared to only $23 paid by the British.

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This is only in addition to extended litigation costs (Adams).

Blue Ribbon Commission investigation conducted in 1996 reported on improvements on the jury system of California (Adams 2003), which would align jury trials with contemporary realities. One would reduce the number of jurors in civil trials, which would likewise reduce peremptory challenges and raise the pay to more than the current $5 a day.

It can make more sense to give the judge the lead role in examining witnesses and greater power in the evidentiary process so as to considerably decrease lawyers' effort and cost in exchange for increasing the judge's participation (Kotz 2003). This is one advantage European courts or civil law has over the American common law system. The latter can help the average individual by reforming current civil procedures by modifying the traditional system or by introducing and adopting alternative methods of resolving disputes as major steps to take (Kotz)......

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