3 ms·
I think the question about overturning the jury is directly addressed in the linked PDF, whose Syllabus is surprisingly easy to read: > Re- viewing courts shou
by bxparks 6y ago
I think the question about overturning the jury is directly addressed in the linked PDF, whose Syllabus is surprisingly easy to read:
> Re- viewing courts should appropriately defer to the jury’s findings of un- derlying facts, but the ultimate question whether those facts amount to a fair use is a legal question for judges to decide de novo. This approach does not violate the Seventh Amendment’s prohibition on courts reexamining facts tried by a jury, because the ultimate question here is one of law, not fact. The “right of trial by jury” does not include the right to have a jury resolve a fair use defense.
I'm not a lawyer so I don't know exactly what this means, other than the SCOTUS saying that it can override the jury decision.