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Damages Archive
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Need Help? ASTC’s Pro Bono Committee May Be Just What You Need
by Ric DexterPosted on May 31, 2018 | No CommentsWhen the American Society of Trial Consultants was formed, over 30 years ago, the Pro Bono Committee was one of the first standing committees to be established. Initially the committee encouraged the members to offer Pro Bono services to their clients. Over the course of years we have reached out […] -
The Psychology of a Persuasive Settlement
by Ken Broda-Bahm, Ph.D.Posted on February 27, 2015 | 9 CommentsWhy doesn't the other side want to settle? Let Ken Broda-Bahm show you just some of the reasons. -
The Emotional Components of Moral Outrage and their Effect on Mock Juror Verdicts
by Liana Peter-Hagene, MA and Alexander Jay, BA and Jessica Salerno, PhDPosted on May 7, 2014 | 11 Comments"Seeing or hearing that just makes me morally outraged!" And moral outrage makes jurors more likely to vote guilty according to this research. -
Do You See What I See? How a Lack of Cultural Competency May Be Affecting Your Bottom Line
by Michelle Ramos-Burkhart, J.D., LLMPosted on May 31, 2013 | 6 CommentsYour financial bottom line, the new global marketplace and the increased cultural diversity in our practices. -
Damage Awards: Jurors’ Sense of Entitlement as a Predictor
by Gary Giewat, Ph.D.Posted on May 30, 2011 | 13 CommentsHow are damages awarded related to juror sense of entitlement? Original research shows that relationship with three questions to identify entitlement provided. -
Case Strategy for the Civil Defendant: The Effects of Injury Severity and Rebuttals on Liability and Damages
by Matt Groebe, M.A.Posted on September 1, 2010 | 1 CommentThe concurrent presentation of liability and damages evidence in a unitary trial poses a challenge for the defense attorney: how much attention should be paid to each component? The defense attorney can either counter the plaintiff's damages recommendation with one of her own (lower in size), or she can refuse […] -
Persuading with Probability: The Prosecution of O.J. Simpson
by Daniel J. Denis, Ph.D.Posted on July 1, 2010 | 8 CommentsA litigator who uses probabilistic arguments to his advantage has a powerful and persuasive tool at his disposal. Even an elementary knowledge of probabilistic thinking and knowing when to and when not to employ probabilistic principles can make the difference between convincing a jury of a statement's truth versus allowing […] -
Unintended Consequences of Toying with Jurors’ Emotions: The Impact of Disturbing Emotional Evidence on Jurors’ Verdicts
by Jessica M. Salerno and Bette L. Bottoms, Ph.D.Posted on March 1, 2010 | 3 CommentsDespite the legal system's conventional story that our judicial process is devoid of emotions and based on pure reason (Bandes, 1999), attorneys have intuited the role of emotion in jurors' verdict decisions. Attorneys attempt to elicit emotions in jurors during opening and closing statements, or through the use of emotionally […] -
Damages: The Defense Attorney’s Dilemma
by Jeri KagelPosted on January 1, 2010 | 6 CommentsDilemma: a situation in which a difficult choice has to be made between two or more alternatives, especially undesirable ones. (Oxford American Dictionaries) In every serious injury or death case, defense counsel faces the dilemma of whether, and how, to confront the issue of damages. Talking to the jury […] -
Jury Research for Settlement: The Price is Right?
by Melissa Gomez, Ph.D.Posted on November 1, 2009 | 3 CommentsKnowledge is power. (Sir Francis Bacon, 1561-1626) Debunking the myth It has been said that a case that goes to trial is the failure of negotiation. Why not help the negotiation along with the most powerful tool available – information? Trial attorneys have increasingly employed jury research to inform theme […]