Mock Trial Research Posts

  • How Federal Patent Tutorial Video Influences Jurors

    Originally published in Law360, August 4, 2020 The COVID-19 global pandemic has led to an unprecedented backlog of cases, and, as a result, courts are considering ways to alleviate the pressure on the system. Last month, the judge in the …

  • Trial Consultants as Key Assets in Multidistrict Litigation

    Managing the scope of multidistrict litigation (MDL) is a daunting task for attorneys and trial teams. The sheer number of cases, attorneys, and witnesses involved in the process creates significant challenges, especially when trying to keep everyone involved in the …

  • Sharing Covid-19 Efforts Unlikely to Change Verdicts

    Originally published in Law360, June 12, 2020 The COVID-19 pandemic has elicited a variety of responses by businesses trying to build or maintain good relationships with consumers. Anyone watching television has been bombarded with commercials from companies expressing that they …

  • Jury Research Amid COVID-19

    In early March, most of the business world was faced with the question, “How are we going to continue business as usual?” Today, the question seems to be, “Are we going to return to business as usual?” As of now, …

  • One Person’s Inference is Another Person’s Conjecture

    Steven Wright observed that “there is a fine line between fishing and standing on the shore like an idiot.” And as David St. Hubbins (lead singer of Spinal Tap, the band chronicled in Rob Reiner’s Rockumentary This is Spinal Tap) …

  • More Than a Feelin': Using Small Group Research to Inform Settlement Decisions in Civil Lawsuits

    We are excited to share with you the recent publication of Alexis Knutson, M.A., Tsongas Research Associate, with Natalie Gordon and Edie Greene, Ph.D. of University of Colorado, Colorado Springs in the Georgia State University Law Review. The article describes …

  • Mock Trials Reveal Jurors' Uncommon Wisdoms

    Mock trials have many benefits. Attorneys hire jury consultants to conduct mock trials to learn (or confirm), among other things, the strengths and weaknesses of a case, the story jurors will adopt when deciding the case, and what questions jurors …

  • Keeping Your Mock Trial from Falling and Your Focus Group from Failing

    Clients often ask us, as jury consulting experts, to explain the distinction between mock trials and focus groups. The delineation is subtle but important, but as the clock slowly ticks closer to the lunch hour, I find myself unable to …

  • The Pitfalls of Attorney-Conducted Jury Research

    The author David Sedaris once said, “Writing gives you the illusion of control, and then you realize it’s just an illusion, that people are going to bring their own stuff into it.” Recognizing that what he finds funny and interesting …

  • Ten Key Questions: Evaluating the Quality of Mock Trial Research

    It is important to recognize that mock jury and focus group research projects come in all shapes and sizes; not all are created equal. This article offers ten key questions to help you assess the quality of mock trial research …

  • Dealing with Damages

    King County Bar Association Bulletin, October 2003 Chris Dominic and R. Craig Smith provide an overview of many of the factors involved in damages and juror decision making. The article briefly discusses the variables of: case characteristics, venue, motivation, individual …

  • Strategy, Planning Lead to Success

    King County Bar Bulletin, October 2005 Ted Prosise, Ph.D. discusses methods for getting an advantage in litigation. Specifically they discuss: Using a Courtroom Setting; Increasing Witness Comfort; Developing the Case Story Early; and Working with Consultants. Read the Full Article …

  • Common Defense Errors

    Oregon Association of Defense Counsel, Winter 2006 Chris Dominic highlights some strategic errors that are commonly made and can be avoided. Some of the errors highlighted are: –Choosing the technical case over the persuasive narrative; –Using arguments your social group …

  • Anatomy of a Medical Malpractice Verdict

    Montana Law Review, Winter 2009, v. 70, no. 1 Tom O’Toole, Bruce Boyd, and Ted Prosise explore, “Three key theories of juror decision-making and courtroom communication” in their article, “Anatomy of a Medical Malpractice Verdict.” The three theories explored include: …

  • The Non-Testifying Expert in the Courtroom

    King County Bar Bulletin, September 2009 Jill Schmid and Tom O’Toole describe the many attitudes and experiences of jurors on employment cases. The authors discuss implications on the presentation of the case and jury selection. Read the Full Article Here: http://tsongasit.wpengine.com/wp-content/uploads/2011/07/The-Non-Testifying-Expert-in-the-Courtroom-article.pdf

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