Jury Instructions and Witnesses - 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. See: Washington Pattern Jury Instruction 21.01 See: Washington Pattern Jury Instruction 21.01 It could be scales.

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

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

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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 will be presenting specific testimony from qualified witnesses to demonstrate how the defendant’s conduct violated these rules.”

Opening Statement

Opening Statement Objections Jury Instructions Witnesses

A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

FEBRUARY 3, 2025

I want to treat everyone, including the defendant, the judge, the court personnel and witnesses with appropriate respect. I present my cases as important cases in which the jury has the opportunity to make a difference for the better. I will spend time on each element of damage in the jury instruction.

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

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.

Evidence

Evidence Witnesses Jury Instructions Objections

Getting Back to Basics in Trial Planning

Sound Jury Blog

SEPTEMBER 5, 2023

by this witness). Then, with each witness, remind jurors what “work” is being done through constant sign-posting, which is essentially juror handholding, which is critical. Then, with each witness, remind jurors what “work” is being done through constant sign-posting, which is essentially juror handholding, which is critical.

Witnesses

Witnesses Jury Instructions Evidence Opening Statement

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

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.

Evidence

Evidence Jury Instructions Discovery Affidavits

I'm Getting Judgy and Judging Judges Today

Ethicking

OCTOBER 14, 2023

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).

Cross-Complaint

Cross-Complaint Jury Instructions Mediation Litigation

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

Jury Analyst

MAY 19, 2023

Expert Testimony: Lawyers can call upon expert witnesses to explain the impact of media on perceptions and provide alternative interpretations of evidence. Jury Instructions : Clear and concise jury instructions regarding the importance of evaluating evidence impartially and avoiding the influence of media bias should be provided by judges.

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

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.

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.

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.

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

Influence on witness credibility assessment: Jurors may disproportionately believe or discredit witnesses based on whether their testimony aligns with their preconceived notions. This can compromise the fairness of the trial, as witness credibility is a critical factor in determining guilt or innocence.

Jury Selection

Jury Selection Voir Dire Litigation Evidence

Sarah Palin's Lawsuit Against NYT Revived

Practice of Law

SEPTEMBER 9, 2024

Among other issues, the panel ruled that the district court improperly intruded on the jury's role, excluded relevant evidence, provided inaccurate jury instructions, and mishandled a mid-deliberation jury question. The court purported that vacating was necessary due to several trial errors.

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

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2024 Litigation Resolutions for All Litigators

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USING A “REPTILE” STYLE OPENING STATEMENT

A SIMPLE SUMMARY OF TRIAL CONCEPTS

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

Getting Back to Basics in Trial Planning

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

I'm Getting Judgy and Judging Judges Today

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

Sarah Palin's Lawsuit Against NYT Revived

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