Evidence, Jury Instructions and Witnesses

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

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. .  Index & make summary of relevant information for use at trial. Decide how to use at trial.

Cross-Examination

Cross-Examination Exhibits Opening Statement Interrogatories

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

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A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

FEBRUARY 3, 2025

Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence. I want to treat everyone, including the defendant, the judge, the court personnel and witnesses with appropriate respect. The primary factors prevail over facts, evidence and logical reasoning. Emotion plays a huge role.

Cross-Examination

Cross-Examination Opening Statement Jury Selection Evidence

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

2024 Litigation Resolutions for All Litigators

Sound Jury Blog

JANUARY 8, 2024

From a time standpoint, it can also be used to jumpstart a number of activities that you need to tackle anyway: your jury selection strategy, writing opening, creation of graphics, and writing of witness outlines. This year, kill multiple birds with one jury research stone.

Litigation

Litigation Jury Selection Depositions Closing Argument

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

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. by this witness).

Witnesses

Witnesses Jury Instructions Evidence Opening Statement

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

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

Mitigating 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. By this point, it should be clear that once we hold a belief, we are naturally inclined to notice only evidence that supports it.

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

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

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

CONSIDER A TRIAL CHECKLIST

Webinars

Trending Sources

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

Webinars

A SIMPLE SUMMARY OF TRIAL CONCEPTS

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

2024 Litigation Resolutions for All Litigators

USING A “REPTILE” STYLE OPENING STATEMENT

Getting Back to Basics in Trial Planning

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

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

Mitigating the Effect of Confirmation Bias During Jury Selection and Deliberation

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

Sarah Palin's Lawsuit Against NYT Revived

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