Assess Regulator Credibility in Voir Dire
By Dr. Ken Broda-Bahm: Government regulators can often play a role in civil litigation. In some cases, they’re involved as parties. More often, however, their role is as a proxy. In those situations, jurors might look at whether the defendant followed the regulations as a shortcut to determine whether the defendant acted reasonably or not. […]
Manage ‘Underdog’ Perceptions
By Dr. Ken Broda-Bahm: There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major League” while the other side is the “Underdog.” A version of this […]
How Does Narrative Strategy Improve Trial Outcomes?
In the world of law, facts and evidence alone might not always sway a verdict. Enter narrative strategy, an approach where storytelling meets legal advocacy. In this blog, we delve into how narrative strategy can be a game-changer in trial outcomes, influencing perceptions and decisions. Understanding Narrative Strategy in the Legal Context At its core, narrative strategy in the legal field involves crafting a story from the facts of a case. This technique goes beyond the presentation of evidence, drawing jurors into a narrative they can relate to and comprehend. By engaging emotions and understanding human psychology, lawyers use narrative
Know When to Go Easy on Hardship
By Dr. Ken Broda-Bahm: Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will shoot up. In some cases, the claims make an obvious case for […]
The Future of AI in Mock Trials: What to Expect
AI is revolutionizing industries worldwide, and the legal field is no exception. Discover how AI is set to transform mock trials and what this means for legal professionals. The Rise of AI in Legal Practices Artificial Intelligence (AI) is increasingly becoming an integral part of various industries, and the legal sector is no exception. From automating document review to predicting case outcomes, AI technologies are reshaping how legal professionals perform their duties. The adoption of AI has been gradual but steady, with many law firms now integrating AI tools to enhance efficiency and accuracy. As AI continues to evolve, its
Defendants, Frame Your Alternate Damages as a Test, Not an Admission
By Dr. Ken Broda-Bahm: Here’s a scenario we often see when watching deliberations in a mock trial: The subject of the defendant’s alternate damages number comes up, and jurors see it as a weakness. Even when the defense attorney has supplied all of the responsible caveats (e.g., We don’t think you should get to damages, […]