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NCJRS Abstract

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  NCJ Number: NCJ 223851     Find in a Library
  Title: Civil Bench and Jury Trials in State Courts, 2005
  Document URL: Text PDF 
  Agency Summary: Agency Summary 
  Author(s): Lynn Langton M.A. ; Thomas H. Cohen Ph.D.
  Corporate Author: Bureau of Justice Statistics (BJS)
US Dept of Justice
Office of Justice Programs
United States of America
  Date Published: 10/2008
  Page Count: 20
  Series: BJS Special Reports
  Annotation: This report discusses general civil cases (tort, contract, and real property) concluded by a bench or jury trial in a national sample of jurisdictions in 2005.
  Abstract: Report topics include the types of civil cases that proceed to trial, the differences between civil cases adjudicated by judges or juries, and the types of plaintiffs and defendants represented in civil trials. Also, the report covers plaintiffs’ win rates, punitive damages, and the final award amounts generated in civil trial litigation. It examines trends in civil trial litigation in the Nation’s 75 most populous counties from 1992 to 2005. Highlights of the report include the following: (1) in 2005, plaintiffs won in more than half (56 percent) of all general civil trials concluded in State courts; the plaintiff was significantly more likely to win in a bench trial compared to a jury trial, among all plaintiff winners the median final award was $28,000; approximately 4 percent of all plaintiff winners won $1,000,000 or more; and contract cases in general had higher median awards ($35,000) than tort cases ($24,000); (2) the total number of civil trials declined by over 50 percent from 1992 to 2005 in the Nation’s 75 most populous counties; tort cases decreased the least (40 percent) while real property (77 percent) and contract (63 percent) cases registered the largest declines; and (3) in the Nation’s 75 most populous counties, some tort case categories saw marked increases in their median jury awards; this was particularly the case for product liability trials, where the median awards were about 5 times higher in 2005 than in 1992 and for medical malpractice trials, where the median jury awards more than doubled from $280,000 in 1992 to $682,000 in 2005. Tables and appendix
  Main Term(s): Civil proceedings
  Index Term(s): Trial courts ; Court statistics ; State courts ; Juries ; Torts ; Jury decisionmaking ; Contractual disputes
  Sale Source: Justice Statistics Clearinghouse/NCJRS
P.O. Box 6000
Rockville, MD 20849
United States of America
  Type: Statistics
  Country: United States of America
  Language: English
   
  To cite this abstract, use the following link:
https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=245790

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