A BUSLOAD OF BISHOPS. I spent much of my life dealing with the distinction between issues that should be decided by a jury and issues that were properly for a judge to decide. Any issue of fact—an issue upon which reasonable men could differ—was for the jury. Fact issues often involve the credibility of witnesses. The hypothetical often used by law teachers is of a “swearing match†between eyewitnesses—on one hand a busload of bishops and on the other hand, a lowlife or known liar. The answer to the hypothetical is that a jury should decide whether to believe the busload of bishops or the liar. The general rule is that reasonable men can differ on assessments of credibility so those assessments are for a group of reasonable men.
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