Does televising oral arguments diminish judicial legitimacy? | Online Jury Research Update
One decision on which many judges have exercised caution is whether to allow cameras in their courtrooms, fearing that cameras will diminish the perceived legitimacy of the courts. While many state supreme courts and three federal circuit courts currently allow cameras in their courtrooms at least some of the time (Kromphardt and Bolton, 2022), most federal appellate courts and a number of state supreme courts have chosen not to open their courts to cameras. Generally speaking, the appellate courts that prohibit cameras at oral argument allow audio recordings of the arguments (as opposed to blanket prohibition on any recordings at
The Top 10 Tips for Successful Mock Trial in Litigation
Mock trials are valuable tools for trial attorneys and legal teams to prepare for litigation. These simulated trials allow lawyers to test their case theories, strategies, and arguments before presenting them in a real courtroom. By mimicking the trial process, mock trials provide an opportunity to identify strengths and weaknesses, refine arguments, and gain valuable insights. In this article, I will explore the top 10 tips for a successful mock trial in litigation.1. Define Clear Objectives:Before commencing a mock trial, it is crucial to establish clear objectives. Determine what you aim to achieve through the exercise. Whether it's testing case
5 Reasons You Should Use a Mock Trial to Develop Your Opening Statement
As a trial attorney, you know that the opening statement is the most important part of any case. It sets the tone for the entire trial and can be the difference between winning and losing. Crafting a compelling opening statement takes skill and practice, and one way to develop that skill is through mock trials. Mock trials are simulations of real trials that allow legal professionals to practice their skills in a safe and controlled environment. They are a valuable tool for developing the opening statement because they allow you to test different approaches and see what works best. Here
Account for ‘Social Inflation’ in Damages Awards
By Dr. Ken Broda-Bahm: “Social inflation” is a phrase that crops up these days when people are talking about civil damage awards. As an explanation for a wave in so-called “nuclear verdicts,” social inflation refers to the phenomena of typical damage award levels rising over time as the population gets more comfortable with those big … Account for ‘Social Inflation’ in Damages Awards Read More »
Are negative themes more persuasive than positive themes in legal advocacy? | Online Jury Research Update
Despite a common refrain in civil and criminal cases that "the facts speak for themselves", research finds that attorneys are more persuasive if they speak for the facts using a narrative form that forwards one or more case themes. Chestek (2017) investigated the persuasiveness of negative and positive case themes on judges' decisions. A total of 163 judges from different jurisdictions and in different types of courts read excerpts of a summary judgment brief that began with a preliminary statement of a hypothetical case and was followed by a stipulation of facts stated in a neutral tone that both sides
Data-Driven Jury Consulting and Why it Matters
In recent years, the field of jury consulting has witnessed a significant rise in popularity. Attorneys have come to recognize the importance of having a skilled professional by their side when it comes to selecting a jury. While some consultants rely on their gut instinct and years of experience, others are turning to data-driven techniques to enhance their decision-making process. This blog post explores the emergence of data-driven jury consulting and its implications for the legal profession. To understand the role of jury consultants, it is crucial to grasp the essence of their work. Essentially, these consultants are hired by