Jury Instructions and Objections - Trial Strategy Today

CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner

IP Watchdog

MARCH 27, 2024

Judge Richard Taranto authored the opinion and held that an improper jury instruction given at trial by the district court required vacatur of the court’s final judgment that Inline’s patent claims were invalid for obviousness.

Jury Instructions

Jury Instructions Objections Litigation

USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

DECEMBER 26, 2024

Since the publication the defense bar has concentrated on how to prevent and object to use of this approach. Based this argument on jury instruction Cover each item one by one & explain 7 WHAT CAN THE JURY DO ABOUT IT? ” In this case the label rule can cause judges to object as improper instructing on the law.

Opening Statement

Opening Statement Objections Jury Instructions Witnesses

A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

FEBRUARY 3, 2025

In my experience jurors have consistently objected to attorney anger, unprofessional or disrespectful conduct. You can assume the viewpoint of the defendant or the plaintiff or a treating doctor or even the object that caused the injury. I will spend time on each element of damage in the jury instruction.

Cross-Examination

Cross-Examination Opening Statement Jury Selection Evidence

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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

MAY 19, 2023

Media coverage that aligns with jurors’ preconceptions can strengthen their biases, hindering their ability to evaluate evidence objectively. By raising awareness, jurors may become more mindful of their own biases and take proactive steps to evaluate evidence objectively.

Jury Selection

Jury Selection Jury Instructions Evidence Voir Dire

Mitigating the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

JULY 17, 2023

However, the intuitive approach to jury selection is subject to cognitive biases and relies on subjective impressions and stereotypes. The scientific approach to jury selection implements safeguards against human bias and uses objective methods. The results can also inform oral voir dire strategies.

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

However, the intuitive approach to jury selection is subject to cognitive biases and relies on subjective impressions and stereotypes. The scientific approach to jury selection implements safeguards against human bias and uses objective methods. The results can also inform oral voir dire strategies.

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

However, the intuitive approach to jury selection is subject to cognitive biases and relies on subjective impressions and stereotypes. The scientific approach to jury selection implements safeguards against human bias and uses objective methods. The results can also inform oral voir dire strategies.

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

As much as we would like to believe that the immense responsibility of deciding someones legal fate would ensure that jurors remain objective and free of bias, this idealistic expectation conflicts with the psychological reality of decision-making.

Jury Selection

Jury Selection Voir Dire Litigation Evidence

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. See: Washington Pattern Jury Instruction 21.01 See: Washington Pattern Jury Instruction 21.01

Burden Of Proof

Burden Of Proof Jury Instructions Jury Selection Evidence

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

Evidence at Trial

NOVEMBER 27, 2021

But with hearsay having so many exceptions, the most obvious objection may not be the most effective. Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. A sustained objection isn’t necessarily a dead end. What about relevance?

Evidence

Evidence Witnesses Jury Instructions Objections

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. An objectively reasonable person in Fairmount Heights’ position would have taken steps to preserve these accounts.

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. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.

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. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

A Personal View: Capital Punishment’s Failures

Temple University Beasley School of Law - Advocacy

MARCH 30, 2025

More than 145 have been overturned because of defense counsel’s ineffectiveness3 – either unreasonably failing to perform a basic duty such as investigating relevant facts and raising relevant issues or taking some action during the course of representation that was objectively unreasonable and prejudicial.

Evidence

Evidence Jury Instructions Litigation Objections

Trial Strategy Today

CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner

USING A “REPTILE” STYLE OPENING STATEMENT

Webinars

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A SIMPLE SUMMARY OF TRIAL CONCEPTS

Webinars

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

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

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

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

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

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

A Personal View: Capital Punishment’s Failures

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