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2024 Litigation Resolutions for All Litigators

Sound Jury Blog

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. This year, kill multiple birds with one jury research stone. Let’s make this year different!

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

Jury Analyst

The Impact of Confirmation Bias on Litigation: Confirmation bias can have far-reaching implications throughout the litigation process, affecting both the assessment of evidence and the decision-making of jurors in critical and deleterious ways: Biased processing of evidence and information: This outcome is a central hallmark of confirmation bias.

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

Next Generation E-Discovery Law & Tech Blog

Junior State of America Foundation , is a civil litigation matter involving the intentional destruction (spoliation) of social media evidence. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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I'm Getting Judgy and Judging Judges Today

Ethicking

These texts were to and from her bailiff, commenting about the merits of the case, the credibility and attractiveness of witnesses, the size of prosecutors’ hands and other body parts. There were exchanges about what jury instructions would best lead to the judge’s preferred outcome (among other things). Judges are human.

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

Evidence at Trial

This is the witness who says, "I just came from outside and it’s raining." If the witness is believed, the fact it is raining is conclusively true. Section 411 says that except where a statute may require additional evidence, direct evidence from just one witness may be sufficient. The witness may say, "I saw Ms.

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

Jury Analyst

Moreover, it explores the significance of scientific jury analysis in helping lawyers and litigators navigate the potential biases stemming from media exposure , empowering them to devise effective strategies. Scientific jury analysis offers valuable insights and tools to navigate the impact of media coverage effectively.

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Mitigating the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

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.