Evidence and Jury Instructions - Trial Strategy Today

DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence.

Burden Of Proof

Burden Of Proof Jury Instructions Jury Selection Evidence

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

Evidence Jury Instructions Discovery Affidavits

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Review issues & exhibits to be used Defense Witnesses  Review interrogatory disclosures & summarize for possible use in cross  Review deposition testimony & make summaries  Index any deposition exhibits  Review any videotaped depositions for use of excerpts in cross examination  Ensure they have reviewed all relevant exhibits involving (..)

Cross-Examination

Cross-Examination Exhibits Interrogatories Opening Statement

Webinars

Trial Prep: What Attorneys Really Want (And How to Deliver It)

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Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled. The Court found Arch Insurance’s actions caused prejudice to the Plaintiffs in the form of delays, costs and lost evidence, justifying sanctions under Rule 37(e)(1).

Insurance

Insurance Jury Instructions Evidence Discovery

Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

Evidence

Evidence Witnesses Jury Instructions Objections

USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

DECEMBER 26, 2024

Based this argument on jury instruction Cover each item one by one & explain 7 WHAT CAN THE JURY DO ABOUT IT? We are simply explaining the relevant industry standards and regulations that will be presented as evidence to show how the defendant’s actions fell below the required level of care.

Opening Statement

Opening Statement Objections Jury Instructions Witnesses

2024 Litigation Resolutions for All Litigators

Sound Jury Blog

JANUARY 8, 2024

Instead, write your closing based on the answers to these three questions: 1) What evidence or testimony is most true on its face? Doing so arms jurors with critical evidence which they can use to fight for your side. And 3) How do you want jurors to apply the jury instructions to the verdict form questions?

Litigation

Litigation Jury Selection Closing Argument Depositions

The Power of Media Coverage: How it Shapes Jurors’ Perceptions and How Scientific Jury Analysis Can Help Mitigate Bias

Jury Analyst

MAY 19, 2023

The judicial system strives to provide fair and impartial trials, relying on jurors to evaluate evidence and make informed decisions. This blog post delves into the influence of media coverage on jurors’ perceptions of evidence and defendants, drawing upon the rich body of research in social psychology.

Jury Selection

Jury Selection Jury Instructions Evidence Voir Dire

Getting Back to Basics in Trial Planning

Sound Jury Blog

SEPTEMBER 5, 2023

During mock trials and in trial postmortems, attorneys seem especially angry about jurors “not understanding the case,” “not applying the law,” and/or “ignoring (forgetting) critical evidence.” While it’s likely an obvious list, it’s a list that is often ignored or forgotten – a bit like much of the evidence in trial.

Witnesses

Witnesses Jury Instructions Evidence Opening Statement

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

JULY 17, 2023

In the previous articles of our series on confirmation bias, aka Perception Bias in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. Based on what we know of human psychology, it is not likely they will revise their theory based on the disconfirming evidence.

Jury Selection

Jury Selection Voir Dire Jury Instructions Objections

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

JULY 17, 2023

In the previous articles of our series on confirmation bias, aka Perception Bias in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. Based on what we know of human psychology, it is not likely they will revise their theory based on the disconfirming evidence.

Jury Selection

Jury Selection Voir Dire Jury Instructions Objections

Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation

Jury Analyst

AUGUST 7, 2024

Trial lawyers are keenly aware of how crucial a role that the composition of a jury plays in determining the outcome of a trial. In order for the legal process to successfully uphold the ideal of a defendants right to a fair trial, jurors must evaluate the evidence that informs the verdict in a fair and impartial manner.

Jury Selection

Jury Selection Voir Dire Litigation Evidence

Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

NOVEMBER 29, 2024

Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. Willfullness” is a slightly lesser standard. at *3 (citations and quotations omitted; cleaned up).

Burden Of Proof

Burden Of Proof Evidence Discovery Litigation

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Sarah Palin's Lawsuit Against NYT Revived

Practice of Law

SEPTEMBER 9, 2024

An Overeager Judge On February 14, 2022, while the jury was still deliberating, Judge Rakoff ruled in favor of the defendants, under Federal Rule of Civil Procedure 50. He concluded that no reasonable jury could find actual malice by clear and convincing evidence.

Jury Instructions

Jury Instructions Evidence Jury Deliberation Admissibility

Trial Strategy Today

DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Webinars

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CONSIDER A TRIAL CHECKLIST

Webinars

Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

USING A “REPTILE” STYLE OPENING STATEMENT

2024 Litigation Resolutions for All Litigators

The Power of Media Coverage: How it Shapes Jurors’ Perceptions and How Scientific Jury Analysis Can Help Mitigate Bias

Getting Back to Basics in Trial Planning

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation

Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

Understanding Jury Duty and Misconduct in the Legal Arena

Understanding Jury Duty and Misconduct in the Legal Arena

Sarah Palin's Lawsuit Against NYT Revived

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