Revitalizing the English Notion of Specially Qualified Juries: An Approach to Supporting the Right to Trial by Jury for Complex Civil Litigation in Virginia

My student note addresses how the Virginia Courts can maintain the right to a trial by jury in complex civil cases, while protecting litigants’ Fifth Amendment right, as interpreted by the Supreme Court, to present their case to a jury capable and willing to decide the case based solely on the evidence before it. My note proposes that a suitable solution is for Virginia to implement a modern version of the common law’s jury of special qualification.