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Jury Trial Juror Jury Instructions

Holland & Hart - Your Trial Message

When You Concede Liability, Make Sure You Concede With Benefits

Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice...more

Maron Marvel

Avoiding Pitfalls of Special Interrogatories

Maron Marvel on

The use of special interrogatories given to juries to render verdicts has been said to be “admittedly fraught with many pitfalls in the potential conflicts between the general verdict and the interrogatories,” and is “nothing...more

Knobbe Martens

Jury Instructions Must Describe All Relevant Objective Indicia of Non-obviousness

Knobbe Martens on

INLINE PLASTICS CORP V. LACERTA GROUP, LLC - Before Taranto, Chen, and Hughes.  Appeal from the United States District Court for the District of Massachusetts....more

Holland & Hart - Your Trial Message

Know Your Jurors’ Anger Buttons

The instructions for jurors are clear: They are to take an issue that has no effect on them, listen dispassionately to the evidence and arguments, apply the facts to the law, and make a decision. That is the model, but in...more

Holland & Hart - Your Trial Message

Pre-instruct Your Jurors on Hindsight

Jurors are often put in the position of assessing the probability or risk of something at the time a decision was made, before the consequences can be known. “How likely is it that a given result will be the outcome from a...more

Carlton Fields

Taking Advantage of Preliminary Substantive Jury Instructions and Preliminary Charge Conferences: Practical Considerations and...

Carlton Fields on

Many litigators recognize the benefits of giving jurors a set of substantive jury instructions before opening arguments. Such preliminary substantive jury instructions are a beneficial and effective tool. This is not a new...more

Holland & Hart - Your Trial Message

Appreciate that Your Jurors Need Informal Conversation

A couple of months ago, I helped to run the Online Courtroom Project’s demonstration jury trial using Zoom. Like a number of other experiments and actual trials going forward across the country, jurors showed up via laptop...more

Holland & Hart - Your Trial Message

Address the ‘My House, My Responsibility’ Analogy

There is a persistent belief among many mock jurors that I have seen in certain kinds of cases. The belief is that liability attaches automatically to possession, and jurors usually express it through the lens of home...more

Holland & Hart - Your Trial Message

Know that the Law Does Matter in Deliberations (But Not Necessarily Your Version of the Law)

In the real world, disputes are often settled by someone with more or better knowledge, or at least someone claiming to have more or better knowledge. The courtroom, however, is different. It is a setting that is designed to...more

Holland & Hart - Your Trial Message

Address Identity and Not Just Belief

Who is a juror? Experienced legal persuaders know a juror isn’t just a passive receptacle for your arguments, and isn’t just an instrument, a route or obstacle to your preferred verdict in the case. Instead, a juror is fully...more

Holland & Hart - Your Trial Message

Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision

Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more

Holland & Hart - Your Trial Message

Turn Your Passive Juror Into an Active Advocate: Seven Ways

Persuading a group that will then go off and deliberate is a unique persuasive setting. In a way, it can be called ‘Second Order’ persuasion, because it isn’t just about the person being convinced in the moment they’re...more

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