How are settlements perceived? | Online Jury Research Update
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....
Wake Them Up: 9 Ways to Make Testimony More Engaging for Jurors
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 »
Voir Dire: Before You Ask”Can You Be Fair?” Know What You Want the Answer to Be
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 »
Optimizing Mock Trial Graphics for Enhanced Results
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
False Promises: Answer the Plaintiff’s Damages “Pre-Commitments” in Voir Dire
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 »
Ground Your Noneconomic Damages Anchor
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 »