Findings of Fact and Conclusions of Law in Cases Where Juries Are Waived

RIAL by jury is a somewhat complicated process. Two judicial agencies divide the field between them, one dealing with issues of fact and the other with matters of law. But the two proceedings are mutually dependent. The court is required to determine what issues of fact are present in the case and to convey that information to the jury, whereupon it becomes the exclusive duty of the jury to decide those issues. The court is also required to determine what principles of law should control the case, but it is not essential that the jury be informed regarding them unless the jury is to apply the law to the facts. This is a proper but not a necessary jury function, for under our traditional conception of the judicial process either the jury or the court may be permitted to perform it. If the application is to be made by the jury the court must inform it as to what those principles are, while if the court is to make the application the jury must inform the court what facts are to be deemed established. In either event, therefore, one agency must communicate its conclusions to the other.