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Re:Jury in Oracle v. Google finds in Google's favour by ChuckMcM on Thursday May 26, 2016 @04:20PM (#11781200)
Would that be like Oracle arguing jury nullification? It seems that the case law on nullification is that the jury's verdict is the definition unless vacated by procedural error. Thoughts?
Re:Jury in Oracle v. Google finds in Google's favour by rayiner on Thursday May 26, 2016 @04:26PM (#11781248)
It's the opposite, in that instead of the jury overruling the judge on law (normally the province of the judge), the judge overrules the jury on the ultimate factual question of liability (normally the province of the jury). The required showing is accordingly exacting (though hardly impossible to meet in practice): no rational jury could have reached the same conclusion.
Re:Jury in Oracle v. Google finds in Google's favour by jsprogrammer on Thursday May 26, 2016 @06:15PM (#11782114)
Do you know where to find the definition of rational that applies in these cases?
Re:Jury in Oracle v. Google finds in Google's favour by dragonwriter on Thursday May 26, 2016 @05:04PM (#11781592)
In a sense, in that you could view any post-verdict judgement contrary to the verdict as a ruling that the jury attempted nullification of the law where it lacks the power to do so (nullification is only a power juries can exercise to return criminal not-guilty verdicts, other than that, courts may set aside the jury verdict of no reasonable jury could find the facts necessary to the verdict returned on the evidence presented.)