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did not win a stated percentage of the jurors' votes,
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then he was required to pay a considerable fine.
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In public prosecutions he paid it to the state.
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In private prosecutions he paid it to the defendant.
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Surely, this must have served as a significant
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deterrent for frivolous, malevolent, and merely adventurous suits.
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Just think of how it would change our system
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if we had something like that.
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In a way,
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we do have some of it available in our system.
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It is possible, for instance,
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if somebody brings a suit against somebody else and fails,