They are sometimes induced to find special verdicts
, which refer the main question to the decision of the court.
And they made it a special verdict
, I think,' said the undertaker, 'by adding some words to the effect, that if the relieving officer had--'
sustaining a claim, although the practice of using special verdicts
Both paradoxes stem from the use of special verdicts
However, with the advent of special verdicts
and the bifurcation of issues, it is now common for cases to be submitted to the jury with a special verdict
52) This Section examines special verdicts
and general verdicts with interrogatories, as provided for by Rules 49(a) and 49(b).
105) While general verdicts are much more common, special verdicts
provide a means to "guide, control, and check the jury" (106) in civil cases by "guid[ing] the jury step by step through its evaluation of the case or .
Where the comparative negligence of the parties in any such action is an issue, the jury shall return special verdicts
, or in the absence of a jury, the court shall make special findings, determining the percentage of negligence attributable to each of the parties, and determining the total amount of damages sustained by each of the claimants, and the entry of judgment shall be made by the court; No general verdict shall be returned by the jury.
65) The use of special verdicts
began in the 17th century as a means of protecting jurors from punishment for rendering false verdicts by limiting their role to deciding (66) factual, as distinct from legal, questions.
This case illustrates how important it is for attorneys to spec- ifically request special verdicts
in which they specifically request the trial judge to direct a jury to return findings, with specificiity, regarding the specific issues before them.
While] Federal Rule of Civil Procedure 49(a) gives district courts wide discretion in the use of special verdicts
Two ways of satisfying Apprendi's requirements suggest themselves: the use of special verdicts
regarding the factors mentioned above, which the jury would consider during its general deliberations, or holding a separate sentencing proceeding after the jury returns a verdict of guilty, so that the jury might then consider the relevant factors.