|
With respect, I disagree that the question is whether a judge or a jury sets damages. I've been in numerous situations where the jury was more tight-fisted than a judge would have been. I think the real issue is the legal standard for awarding damages.
To some extent it's a cultural thing. The U.S. has a strong free speech tradition, so it is hard to sue someone here for libel. You would much rather bring a libel lawsuit in the U.K. On the other hand, our individualist traditions lead us to favor in many cases individuals over corporations, so if you are injured by a product you would rather bring your lawsuit in the United States.
|