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The authors analyze the traditional political science approach to voting systems, including majority voting as the standard as opposed to the unanimity rule. They show that none of those systems is perfect, since there is always a tradeoff: a simple majority-based system imposes varying amounts of both external costs and decision-making costs
[5] [8] The Louisiana Legislature passed a similar "Majority Rule" law in 1880, allowing for jury verdicts of 9–3, which was later ratified at its 1898 constitutional convention. [5] [9] [10] In 2018, Louisiana voters passed a constitutional amendment that ended their practice of non-unanimous juries. [11] [12] When Apodaca was overruled by ...
Majority verdicts are not allowed in civilian criminal cases in the United States. A hung jury results in a mistrial. The case may be retried (United States v. Perez, 1824). Louisiana, which was historically influenced by the French civil law system, and Oregon used to allow 10–2 majority verdicts.
The court, recognizing the lack of unanimity of a common-law rule, [12] found that the historical common law had a "decided, majority view that the police did not need to obtain an arrest warrant merely because a misdemeanor stopped short of violence or threat of it," and hence the argument had failed. [13]
Confusion between unanimity and consensus, in other words, usually causes consensus decision-making to fail, and the group then either reverts to majority or supermajority rule or disbands. Most robust models of consensus exclude uniformly unanimous decisions and require at least documentation of minority concerns.
Regents of the University of California v. Superior Court of Los Angeles County , 4 Cal. 5th 607, 413 P.3d 656 (2018), was a case in which the Supreme Court of California held that universities owe a duty to protect students from foreseeable violence during curricular activities.
The U.S. Supreme Court acted unanimously when it sided with Donald Trump and prevented states from barring candidates for federal office from ballots based on a constitutional provision concerning ...
Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. . Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Co