Archive | Jury Behavior

Objective Data for Better Decisions – Proof for Others

I had a conversation yesterday with a client that prompts this post on a topic I’ve had on hold for sometime. When a trial consultant conducts mock jury research, or mock arbitration, or a mock bench trial, the consultant is collecting objective data to report to the client as to the specific results or verdicts […]

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At Magnus, we are “all about” data. And, just to be sure the reader knows this, “data” is the plural of “datum,” therefore, when one refers to data, to be correct, one must say things such as “the data are,” “the data have revealed,” “the data confirm,” etc. instead of wrongly describing data as if […]

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Better Safe than Sorry

A client of ours recently told me his motto was better safe than sorry. This was in the context of setting a meeting and allowing adequate time for Miami traffic – which can be a real challenge. But, his motto is something I’ve often thought about and attempted to use, tactfully, with potential clients who […]

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I am a firm believer in the motto, “better safe than sorry.” I am a careful, conscientious person who checks, then re-checks, then re-checks my work, in an attempt to prevent errors. Many of Magnus’ potential clients, however, prefer to “fly by the seat of their pants” then hope for the best outcome, sometimes having […]

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Jurors and the Internet

During my recent jury duty experience, I noticed posters around the assembly room entitled “Juror Responsibilities Regarding the Internet and Social Media” produced by the National Center for State Courts and Center for Jury Studies. I am well aware of the issues related to jurors and social media or the internet. And, I think I’d […]

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David probably violated a rule when he took a photo of the sign, “Juror Responsibilities Regarding the Internet and Social Media.” The courthouse personnel who posted the sign should have posted another sign that said, “Take no photographs of this sign.” During Magnus’ jury research projects, I fill the role of the judge, meaning I […]

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Jury Duty: Hurry up and wait

A few weeks ago, a multi-colored piece of mail arrived at our house. Melissa got her hands on it when she checked the mail and, sounding like Nelson from The Simpson’s, said “Ha ha; you’ve got jury duty.” I’ll add, again – at least my 4th or 5th time in Broward County. While I’ve written […]

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Fortunately or unfortunately, David has been summoned for jury duty more than I have. And, given the length of David’s post about his most recent jury experience, I guess he has strong feelings about jury duty. In contrast to most people I know, I would love, absolutely love, serving my country as a juror. But, […]

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Why football is not part of my existence

Recent conversations with a few childhood friends led me to reflect on the reasons why I am not a football fan. As with many things in our lives, experience, familiarity, and habits are often formed early and they remain with us as we age. I grew up in a family in which baseball was king. […]

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I think there are reasons to be a football fan, a baseball fan, a NASCAR fan, or a rock and roll fan that go beyond having to work. I’m sure there are people studying theories of “fanness,” including those of medieval sporting events, of cheering the knight carrying the colored banner of “your” side. Or, […]

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Checking the Price Tag

A Point of View

David H. Fauss, M.S.M.

On June 28, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Research, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

The old adage “if you have to ask the price, you can’t afford it” doesn’t apply to litigation. In part, this is because, especially in the context of civil litigation, affordability is not decided by the buyer. Buyers (insurance claims adjusters, for example) usually operate as if there is no price tag to check. We […]

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Most people are interested in knowing the price of something before they buy it. Typically, when the cost of an item is substantial, for example, the cost of a house, the buyer is keenly interested in knowing the factors that are important determinants of the cost, such as neighborhood, comparable sales, re-sale potential, etc. Litigation, […]

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Lawyers play chess; jurors play video games

I “appropriated” the title of this post from a litigation graphics consultant I heard speak recently at a Florida Bar function. I thought she was on to something with this simple, contrasting, perspective. Litigation is a “game” of strategy, and like good chess players, litigators are good at these strategies. They can move all of […]

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There are many variations on the theme about which David has written. Lawyers play chess, while jurors play video games. Lawyers play golf, while jurors watch NASCAR. Lawyers drink fine wine, while jurors drink Budweiser. Lawyers drive Mercedes-Benz automobiles, while jurors drive Ford pick up trucks. Etc. Etc. Etc. The point of these endless, and […]

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O.J. Simpson’s Contribution to Trial Consulting

The topic of O.J. Simpson came up recently in a discussion I recently had about the world of trial consulting. The murder of O.J.’s former wife, and the subsequent trial, was one of the first televised celebrity mega trials. For better, or worse, almost everyone was aware of the accusations against O.J. in that case. […]

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O. J. Simpson has been vilified since the time he was accused of murder. David’s and my post is not intended as praise for O. J.; rather, it is written as an example of how one event, even a tragic one, can change other things which, at first glance, appear unrelated. I have no positive […]

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CYA: Another Reason for a Mock Trial

CYA, 3 little letters about something important – self protection. Cover your ass – there, I’ve said it. I don’t know when I first realized that attorneys sometimes use a mock trial to protect themselves from their client. There are many reasons for a mock trial but it was perhaps the attorney who once told […]

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I am a detail oriented, meticulous person who does not like to leave anything to chance. I strongly prefer to have more, not less, data with which to make a decision. I always practice my bass lines as much as time will allow before performing a gig (and I bring an extra battery in case […]

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Help the Jury Succeed

I subscribe to an email publication called the Jur-E Bulletin; it is published by the National Center for State Courts. It is a very informative publication and I recommend subscribing to it as you never know what tidbits will be there to be learned. Like a few other posts in our blog, this one was […]

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I have been working in the realm of psychology and law for decades and it has always seemed odd to me that many attorneys view jurors as their adversaries. I have heard countless remarks made by attorneys that denigrate the intelligence, motivation, and decisions made by juries. In addition, I have selected juries on hundreds […]

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