By Dr. Ken Broda-Bahm: Everyone who works with our court systems, including those who work in civil litigation, are invested in the idea of rule of law. Whether our case has to do with governmental powers or not, whether it involves civil rights or not, the procedure and the trial are parts of a noble […]
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By Dr. Ken Broda-Bahm: Of all the areas of legal lore, perhaps none are more loaded down with mystique than jury selection. Attorneys with long experience will develop some pretty solid views, and those habits on who they’re looking to seat and who they’re looking to strike can create a baked-in preference independent of the
Don’t Select Your Jury on Gut or Habit: Create a Unique Jury Profile for Every Case Read More »
By Dr. Ken Broda-Bahm: In Florida, Georgia, New York, and Washington DC, Donald Trump is facing the looming prospect of jury trials. While the word is overused these days, it is truly unprecedented for a once and maybe-future President to be facing federal and state charges. With trials for co-conspirators starting as early as next
The Trump Juries: Adapt Your Procedures for Higher Profile Jury Selections Read More »
By Dr. Ken Broda-Bahm: After threatening that me might end his musical career if the jury went the other way, popular musician Ed Sheeran can now continue his line of work. According to a federal jury in New York earlier this month, Sheeran’s 2014 song “Thinking Out Loud” did not copy the musical structure of Marvin
Take a Note from Ed Sheeran: Show, Don’t Just Tell Read More »
By Dr. Ken Broda Bahm: For anyone analyzing audiences and preparing persuasive messages, it helps to know about what is called “System 1” and “System 2” thinking. When we make decisions that are pretty quick and automatic, with little reflection, cognitive work, or even necessarily voluntary awareness, then we are using System 1. When we
Get Your Jurors to Take the Tougher Path Read More »
By Dr. Ken Broda Bahm: The last few years have seen a societal turn toward identifying and addressing systems that institutionalize discrimination based on race, gender, and other demographic traits. That attention is obviously a good thing. But one issue that has been caught up in that trend has been a call to eliminate the
Save the Strikes: ASTC’s Research-Based Case Against Prohibiting the Peremptories Read More »
By Dr. Ken Broda Bahm: When jurors are awarding damages in a civil case, the law looks at what they’re doing in a binary way: They are either compensating the plaintiff for what they have lost, or they are awarding additional amounts to set an example. In short, anything outside of “making the plaintiff whole”
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By Dr. Ken Broda Bahm: Our trial system is designed to restrict the factfinders’ information to that which is relevant, probative, and sound. When it comes to expert testimony, it is the responsibility of trial judge to ensure that the testimony has a reliable foundation. But in the case of science, particularly social science, that
Beware of Junk Science in Disguise Read More »
By Dr. Ken Broda Bahm: Every witness preparing for testimony is going to prepare a little bit differently. Those helping with that prep need to adapt to the unique challenges presented by opposing counsel, the case characteristics, the witness’s role within the case, and the witness’s personality and communication habits. But there are inevitably some
Witnesses, Do Your Homework Read More »
By Dr. Ken Broda Bahm: So we have made it through the 2022 midterm elections. As is typical, the party out of power seems to have made some gains, although so far at least, the anticipated “Red Wave” doesn’t seem large enough to surf. Going into the election, the common wisdom was that that the broadly felt
Jury Damages: Expect the Fundamentals to Still Apply Even in a Down Economy Read More »