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By: Amit Patel & Dennis P. Stolle Researchers have been studying the factors that influence us to say “yes” to requests for decades. There is a science to how we are persuaded and a lot of the science is surprising. A key figure in persuasion research is Dr. Bob Cialdini, author of a book called … more »
Whether buying a car, haggling with a child over bedtime, or trying to lock down a big business deal, negotiation is a certainty in our lives, and for many of us, essential to our work. With so many driving factors, any appreciable edge can prove crucial to success. Where can we look to find that edge? Cognitive science studies provide guidance on how we can seal the deal. Here are a couple of tips informed by psychology to help you negotiate more effectively.
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.