By Dr. Ken Broda-Bahm: At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely equal, like these two reams of paper, then we haven’t met … Call Out Minimized Burdens Read More »
Discover effective strategies for creating compelling trial graphics that leave a lasting impact during Markman Hearings. Understanding the Importance of Trial Graphics in Markman Hearings Trial graphics play a crucial role in Markman Hearings, where the interpretation of patent claims takes place. These graphics help simplify complex ideas and concepts, making it easier for judges and juries to understand the arguments presented. By visually representing technical information, trial graphics enhance comprehension and retention of key information. In a Markman Hearing, the judge determines the meaning and scope of patent claims, which can heavily impact the outcome of a case. Presenting
At times, settlement agreements are entered into evidence in jury trials or decision-makers become aware of prior settlement agreements. Are settling defendants perceived as responsible for alleged conduct or is settlement perceived more neutrally as a convenient (less costly, less time-consuming) resolution? Do settlements send different signals than those conveyed by allegations, complaints, verdicts or other case resolutions? Bregant and colleagues (2021) conducted two studies exploring how the lay public views settlement in terms of both the parties' reasons for settling and the defendant's inferred responsibility for the alleged conduct....
By Dr. Ken Broda-Bahm: During a recent mock trial, there was one juror seated in the front, gamely struggling to keep her attention on the case. Before too long, however, we saw drooping eyelids, followed by some pretty loud snoring. Admittedly, counsel was needing to get through some technical information on a complex case, but … Wake Them Up: 9 Ways to Make Testimony More Engaging for Jurors Read More »
By Dr. Ken Broda-Bahm: The court’s purpose in voir dire is to use the time to identify and eliminate those jurors who would have the hardest time giving the case a fair hearing. But layered onto that purpose is the advocate’s goal of working toward a jury that is most likely to be favorable to … Voir Dire: Before You Ask”Can You Be Fair?” Know What You Want the Answer to Be Read More »
Discover how optimizing mock trial graphics can lead to enhanced results in your trial. Explore the importance of testing trial graphics and learn how to create captivating visuals that make a lasting impact on the mock jury so you know how to speak visually to the trial jury. Understanding the Power of Visuals in Mock Trials Visuals play a crucial role in mock trials, as they have the power to convey complex information in a way that is easily understandable and memorable. By incorporating visuals into your trial, you can effectively communicate your arguments and evidence to the jury. A
By Dr. Ken Broda-Bahm: It is a common step in the plaintiff’s voir dire: Ms. Smith, if you are selected for this jury, and if the evidence proves to you that the damages to my client justify a high figure, like ten million dollars, would you be able to award damages at that level? What … False Promises: Answer the Plaintiff’s Damages “Pre-Commitments” in Voir Dire Read More »
By Dr. Ken Broda-Bahm: Most of those who work in civil litigation are now familiar with the “anchoring effect,” and know that suggesting a number has an influence when it comes to damages. But attorneys may not know just how powerful that effect is. Research has repeatedly demonstrated that, independent of the evidence, asking for … Ground Your Noneconomic Damages Anchor Read More »
As an expert in this field, I have written extensively about the power and potential of trial graphics. It is reassuring to know that the New York Times also recognizes the capabilities of compelling graphics, even though their application may differ from the courtroom trial graphics setting. In a recent article, the New York Times shed light on the issue of deceptive information circulating on social media. I highly recommend reading their piece titled False Claims Around Israel Attacks Include Recycled Videos and a Game Clip. It serves as a stark reminder for all of us to be vigilant and
By Dr. Ken Broda-Bahm: I remember a recent mock trial where a jury reached the point of considering damages, and one juror threw out a number to start the discussion: “Let’s just say five million.” When another juror challenged the basis for that, “Why five million?” the first juror responded, “It’s just a nice round … Leverage the “Implied Precision Effect” on Damages Read More »