By Dr. Ken Broda Bahm: I often play the role of the “judge” during a mock trial. In that capacity, I have the pleasure of reading the legal instructions to the mock jurors just before they deliberate. While I’m droning on about “preponderance,” and “proximate cause,” and making the plaintiff “whole,” I am often met […]
Embrace Plain English Jury Instructions Read More »
By Dr. Ken Broda Bahm: A jury’s job is to judge the facts in a dispute in as neutral a fashion as possible. We expect them to give a party a fair hearing whether the party is just like them or completely dissimilar. The elderly conservative should be able to evaluate the dreadlocked artist as
Look for Increasing Tolerance (but Not Necessarily Greater Empathy) Read More »
By Dr. Ken Broda Bahm: What is the greatest problem facing Americans? Is it climate change? Class division? Race relations? The sluggish economic recovery? The growing threat of terrorism? The risk of another Middle Eastern war? No, it’s none of those. According to a current Gallup poll tracing the last four months, the biggest challenge
Anticipate Antigovernment Attitudes Read More »
By Dr. Ken Broda Bahm: When the facts supporting one’s beliefs are challenged, one common recourse is to reframe those beliefs in a way that is more resistant to factual refutation. Calling this the “flight from facts,” a new article in Scientific American shares an example: An anti-vaccine believer first notes the purported connection between vaccines and autism,
Fight the “Flight from Facts” Read More »
By Dr. Ken Broda Bahm: As the second penalty-phase trial for Jodi Arias ended last week with a hung jury and a mistrial, the word from the jury, 11 of 12 of them, was frustration. “We feel like we failed,” one said to ABC15, and the group issued an apology to the family of murder victim
Don’t Get Too Hung Up Over Hung Juries Read More »
By Dr. Ken Broda Bahm: Language is the cognitive and social invention that made it possible for us to resolve conflicts with reason rather than force. Language begat law, and law in turn begat litigation. Lawyers work with words, and particularly those who are in the trial business understand very well that language isn’t neutral. Instead,
By Dr. Ken Broda Bahm: Politics isn’t just a good way to start an argument, it is also a pretty reliable predictor of general leanings in litigation. Out of all of the demographic traits that we have looked at — factors like sex, race, education, and income — reported voting behavior is in most cases
Account for the ‘Liberal Individual’ and the ‘Conservative Community’ Read More »
By Dr. Ken Broda Bahm: Most witnesses in trial or deposition would know enough not to testify with a big wad of chewing gum in their mouths. Only, these witnesses probably haven’t heard about a new study that purports to show that, when gum-chewers are compared to non-chewers, those chewing gum are viewed as more
Don’t Chew Gum and Testify at the Same Time (and Don’t Believe Every Study) Read More »
By Dr. Ken Broda Bahm: The rooster can’t take credit for the sunrise. While the crowing tends to occur just before dawn, it does not cause the sun to come up. Thinking that “A” then “B” means that “A” caused “B” is a well-known logical mistake and fallacy. In Latin, it goes by the name
Pre-empt the Post-Hoc: Teach Jurors to Resist the Causal Illusion Read More »
By Dr. Ken Broda Bahm: The image of the trial lawyer that comes closest to our ideal might involve the advocate standing in front of the jury or the bench, waxing eloquent in oral argument. But the reality is that, even for lawyers who get to trial frequently, they’re writing more often than they’re speaking.
Check Your Language Level Read More »