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Spring is here. For many sports fans, that means one thing in particular: Play ball! The other day I watched a good “spring” movie—Moneyball. If you’re a fan of Brad Pitt or Jonah Hill, you would like it. If you follow baseball at all, you should see it. And if you’re a fan of winning … more »
All mock juror research involves asking a sample of people to think like real jurors and share their beliefs and opinions about a case. This research takes many forms – surveys, focus groups, mock trials, and targeted studies on opening statements, closing arguments, or witness perception – to name a few. But the underlying goal … more »
ThemeVision’s Nationwide SurveyThemeVision is a litigation consulting firm that counsels clients on jury decision making and conducts jury research in cases around the country. We obtained a diverse, national sample of responses from 532 U.S. adults (locations shown above). Our questions fell into several buckets: Demographics, Health-related behaviors and contracting COVID, Willingness to serve as … more »
Link to CNN Article: https://www.cnn.com/2020/04/20/politics/scotus-jury-verdict-criminal-trial/index.htmlLink to judicial opinion:https://www.supremecourt.gov/opinions/19pdf/18-5924_n6io.pdf The U.S. Supreme Court recently cited research conducted by a ThemeVision team member in their Ramos v. Louisiana decision. The Supreme Court’s decision cited a comprehensive review of jury decision making studies authored by Dennis Devine. The review article was published in a top social science journal … more »
With regard to legal writing, pleadings and briefs are among the first impressions you can make on a judge. Consider anecdotal evidence from Justice Antonin Scalia: “If [I] see someone who has written a sloppy brief, I’m inclined to think that person is a sloppy thinker. It is rare that a person thinks clearly, precisely, carefully, and does not write that way. Contrariwise, it’s rare that someone who is careful and precise in his thought is sloppy in his writing. So it hurts you … to have ungrammatical, sloppy briefs.” Thus, clean, precise, and well-constructed sentences and citations can correlate to sound legal arguments, but have the opposite effect with poorly constructed writing. On a larger scale, a positive first impression made via an initial pleading can parlay into elevated judgments of subsequent filings, and your case as a whole.
Trial lawyers often must make inferences about prospective jurors based on precious little information. Courts’ standard juror questionnaires typically include only a few questions. Courts seldom allow parties to use longer, supplemental juror questionnaires that can provide more useful information. Time allocated to questioning prospective jurors in court is limited, and many federal judges no longer allow attorney-conducted voir dire. Some prospective jurors may even skate through the voir dire process without ever saying a word.
Amit Patel and David Bartholomew co-authored the article, “The Importance of Graphics in Commercial Litigation,” to explore four specific recommendations on how to effectively utilize graphics in high-stakes commercial litigation matters.
Dennis P. Stolle and Dennis Devine authored the Law360 article, “6 Ways to Keep Jurors from Zoning Out.” The article explores what a potential 50% inattention rate means for jury trials.
Amit Patel, Christina Studebaker, and Dennis P. Stolle author, “Peremptory Challenges: A New Rule in Washington” regarding the Supreme Court of Washington’s implementation of a pioneering rule intended to “eliminate the unfair exclusion of potential jurors based on race or ethnicity.”  Read the full article below.