
doi: 10.2139/ssrn.1385622
This paper examines some aspects of the boundary between law and fact in the common law. Part 1 looks at relevant procedural developments in English law from the medieval period to the nineteenth century. Part 2 discusses the contrasting views of Thayer and Holmes as to the roles of jury and judge in applying the law to the facts. Part 3 adverts to the consequences of the decline of the use of juries in civil cases in many jurisdictions.
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