Idaho Trial Lawyers Association March 3, 2006 - PowerPoint PPT Presentation

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Idaho Trial Lawyers Association March 3, 2006

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  1. - The Art of Jury Selection Idaho Trial Lawyers AssociationMarch 3, 2006 Voir Dire Tips (Part un) _______________________________________________ Lisa Blue Ph.D., J.D.

  2. VOIRDIRE TIPS -PRIMACY AND RECENCY START WITH A POWER STATEMENT

  3. VOIRDIRE TIPS - PRIMACY AND RECENCY START WITH POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR OUR CASE

  4. VOIRDIRE TIPS -PRIMACY AND RECENCY START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS .

  5. VOIRDIRE TIPS -PRIMACY AND RECENCY START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE

  6. All in the messenger “I once heard a great Judge say….”

  7. VOIRDIRE TIPS -PRIMACY AND RECENCY – START WITH POWERSTATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE -VOIRDIRE IS THERAPY, NOT CROSS EXAMINATION

  8. My Favorite Voir Dire Phrases: • The difference between you and me…. • Tell me what’s in your heart of hearts… • My fear is…. • If there is a real reason you can’t be here or you don’t want to be here….

  9. Identify Belief Systems If you lose this case why are you going to lose? Turn weaknesses into Voir Dire Questions

  10. Example: Take the defendants defenses and make analogies

  11. Example: Who is Gary Burghoff

  12. Example: What face is shown on the dime

  13. Example: Lynching

  14. VOIRDIRE TIPS -PRIMACY AND RECENCY – START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS - ENCOURAGE THE JUDGE TO SET THE TONE -VOIRDIRE IS THERAPY, NOT CROSS-EXAMINATION -THREE TYPES OF QUESTIONS: OPEN-ENDED CLOSED-ENDED SCALED

  15. My Favorite Voir Dire Questions: • What should the law be? (remember it’s all about Belief Systems)

  16. My Favorite Voir Dire Questions: • If you were me would you want someone just like yourself on this jury?

  17. My Favorite Voir Dire Questions: • If you were hurt by negligence of any kind would you sue?

  18. VOIRDIRE TIPS -PRIMACY AND RECENCY – START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE - VOIRDIRE IS THERAPY, NOT CROSS-EXAMINATION -THREE TYPES OF QUESTIONS: OPEN-ENDED CLOSED-ENDED SCALED -USE JURY QUESTIONAIRES SHORT VS. LONG

  19. ScaledQuestionExample: Prescription drug companies do an adequate job of warning the public about the risks of using their medicines. __Strongly Agree __Somewhat Agree __Somewhat Disagree __Strongly Disagree

  20. Belief Question Example: Do you believe a prescription drug should be proven 100% safe before sold to the public? Please explain:_____________________________

  21. Adjective Question Example: Which of the following would you use to describe yourself? (Check all that apply) □ Analytical □ Generous □ Outspoken □ Sloppy □ Strict □ Rational □ Rule Oriented □ Attractive □ Judgmental □ Practical □ Smart □ Technical □ Reasonable □ Naïve □ Compassionate □ Logical □ Private □ Successful □ Trusting □ Suspicious □ Talkative □ Emotional □ Pretty □ Self-conscious □ Selfish □ Vain □ Friendly □ Quiet □ Overweight □ Opinionated □ Skeptical □ Sensitive □ Controlling □ Other __________________________

  22. VOIRDIRE TIPS -PRIMACY AND RECENCY – START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE - VOIRDIRE IS THERAPY, NOT CROSS-EXAMINATION -THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALED -USE JURY QUESTIONNAIRES SHORT VS. LONG LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE .

  23. VOIRDIRE TIPS -PRIMACY AND RECENCY – START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE -VOIRDIRE IS THERAPY, NOT CROSS-EXAMINATION -THREE TYPES OF QUESTIONS OPEN, CLOSED AND SCALED -USE JURY QUESTIONNAIRES SHORT VS. LONG -LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE -RAISING AND LOWERING JUROR EXPECTATIONS

  24. VOIRDIRE TIPS -PRIMACY AND RECENCY – START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE -VOIRDIRE IS THERAPY, NOT CROSS-EXAMINATION -THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALED -USE JURYQUESTIONNAIRES SHORT VS. LONG -LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE -RAISING AND LOWERING JUROR EXPECTATIONS -LOOPING ANSWERS FROM JURORS IS POWERFUL

  25. VOIRDIRE TIPS -PRIMACY AND RECENCY – START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGYFOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE -VOIRDIRE IS THERAPY, NOT CROSS-EXAMINATION -THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALE -USE JURY QUESTIONNAIRES SHORT VS. LONG -LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE -RAISING AND LOWERING JUROR EXPECTATION -LOOPING ANSWERS FROM JURORS IS POWERFUL -FIRST ASK ELIMINATION QUESTIONS, THEN EDUCATION QUESTIONS!!!!!!!!

  26. Voir Dire

  27. SIMPLE CASE

  28. Who is this case about? John Doe vs. Wal-Mart

  29. What is Voir Dire? 1.Who will be on the jury? 2. YOU do the talking. Jurors who talk, walk. Jurors with nothing to say, stay.

  30. Bias Inclination towards one side of an issue versus the other “Leaning” Prejudice Prejudgment Bias & Prejudice

  31. Your Thoughts: Thoughts about Corporations doing research or Chemicals by people are exposed • Good idea? • Why? What should Corporations do? • What Can Happen if they don’t do research? • What if its just to get results for a lawsuit – help win their case. (Hide)

  32. Burden of Proof Greater Weight and Degree of the Credible Evidence (51%)

  33. Burden of Proof 50% 50% Greater Weight of the Credible Evidence

  34. Burden of Proof 49% 51% Greater Weight of the Credible Evidence

  35. Negligence 51% Failure to Use Ordinary Care

  36. 51% Premise Liability Can’t Sue Employer

  37. Employer • Defendants weren’t an Employee • Defendant can’t be Sued Employer & Defendant = Say Defendant NOT Responsible (Hide)

  38. Proximate Cause:a cause which produces an event and without which cause such event would not have occurred. THERE MAY BE MORE THAN ONE PROXIMATE CAUSE

  39. Producing Cause:an efficient, exciting or contributing cause that, in a natural sequence, produced the injury. THERE MAY BE MORE THAN ONE PRODUCING CAUSE

  40. There may be more than one cause.

  41. There may be more than one cause.

  42. There may be more than one cause.

  43. There may be more than one cause.

  44. If you or a loved one were harmed by someone’s negligence, would you file a lawsuit?

  45. Your opinions about lawsuits. • Length of the Case • Lawsuit Abuse • Too Many Lawsuits

  46. Compensation $15 to $20 Million Mental Anguish Pain & Suffering Burden of Proof: 51% -- More Likely Than Not

  47. Punitive DamagesPunish & Deter Clear & Convincing Evidence Premise Owners have Duty to Know of Dangers in their Plants