Appendix III Sample Opinion Questions for Selected Civil Voir Dire Topics
Library | Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury (ABA) (2018 Ed.) |
This appendix addresses selected opinion topics that are of interest in jury selection in many civil trials. Most of the questions are presented in a closed-ended format. The designations "P" and "D" indicate questions more likely to be asked by the plaintiff and by the defense, respectively. Some questions have been adapted from the numerous supplemental juror questionnaires included in Appendix IV.
[P] Do you believe that victims should be compensated to the full extent the law will allow?
[P] How do you feel about the law that provides for monetary compensation for victims of another's negligence?
[P] Through monetary compensation, the law seeks to make the victim "whole." That is, the law seeks to compensate the victim for his/her suffering. This may be economic loss, loss of physical abilities, and/or other kinds of losses. Would you have any reservations in awarding monetary damages for these types of losses in rendering your verdict?
[P] Do you believe that every effort should be made to compensate victims of another's negligence?
[P] How important do you believe it is that victims be compensated when they have been injured through the negligence of others?
[D] Do you believe that all injured people deserve to be compensated, even if that means that a defendant who is not negligent pays the award?
[D] How do you think you would feel if you found that the defendant was not negligent and, therefore, the plaintiff was not entitled to any compensation whatsoever from the defendant?
[P] What are your impressions of [industry or company]?
[P] Do you believe that corporations can be trusted to do what is best for our country?
[P] Do you feel that too often companies put profits over the safety of their products?
[P] Do you believe that large corporations often put profits over safety?
[P] Do you feel that most big corporations are greedy [untrustworthy]?
[P] Do you believe that big companies should not be allowed to use lawsuits to gain an advantage over small businesses?
[D] Do you agree with the Supreme Court decision that gives corporations many of the same rights as individual citizens?
[P] Do you believe that with many American businesses facing hard economic times, lawsuits against American businesses do more harm than good?
[P] What are your thoughts on the responsibilities of employers for the actions of their employees?
[P] According to the law, a corporation is responsible for the actions of its employees while they are on the job. If we show that the injury to [the plaintiff] was the result of the negligent actions of the defendant, would you have any reservations in awarding damages to [the plaintiff]?
[P] Do you have any reservations or concerns with the law that holds a corporation responsible for the actions of its employees?
[P] Would you have any reservations in holding [the defendant] responsible for any negligent actions of its employees?
Have you heard, seen, or read anything about what has been called the "lawsuit crisis" (or money awards by juries)? What do you think about this?
How do you feel about lawsuits in general?
Do you feel that jury awards are becoming too high?
Do you think that damages awarded by juries these days are generally too high, about right, or too low?
Do you feel that there are too many lawsuits?
Do you feel that people today are too eager to file lawsuits?
Do you feel that people nowadays are too quick to sue others?
Do you believe that many lawsuits are frivolous?
[P] Do you feel that most people who sue others have legitimate grievances?
[P] Do you feel that the laws should be changed to make it harder to sue corporations?
Do you believe that lawsuits against corporations are driving up the price of products and costing consumers a lot of money?
[D] Do you believe that lawsuits hurt the economy?
[P] Do you support legislative efforts to place caps on the amount of money juries can award?
[P] Do you support efforts in Congress to place caps or limits on the amount of money juries can award?
[D] Do you believe that in a lawsuit between an individual and a company, you tend to favor the individual?
[P] Do you believe that lawyers who represent people injured by asbestos or other toxins are doing society a great service?
How do you feel about patients suing their doctors?
[D] Do you have an overall positive impression of the quality of care provided at [defendant] hospital?
[D] Do you have an overall negative impression of the quality of care provided at [defendant] hospital?
[D] Do you have a neutral or no impression of the quality of care provided at [defendant] hospital?
[P] Do you believe that patients should have a right to sue doctors for negligent treatment?
[D] Do you believe that just because a patient is injured the doctor is negligent?
[D] Do you feel that it is up to doctors to prevent all harm to their patients?
[D] Do you feel that a bad outcome in a medical situation can occur without nurses or doctors being at fault?
[D] Do you feel that just because someone dies in the hospital, the doctor or nurses must have done something wrong?
[D] Do you feel that if the patient is not at fault for a serious complication arising from surgery, it must be the fault of the medical personnel who treated the patient?
[D] Do you feel that mistakes can be made in medical care and this does not automatically mean that these actions caused the problems encountered by the patient?
[D] Do you believe that when something goes wrong it must be the doctor's fault?
[P] Do you have any reservations concerning lawsuits against doctors?
[P] Do you believe that doctors can be negligent in the treatment of their patients?
[P] Do you believe that patients should bear the consequences of their doctor's negligence?
[P] Do you believe that a doctor should be held liable if he/she routinely performs operations that should not be performed, even though the doctor "believes" the operations are appropriate?
[P] Do you believe that a doctor should be responsible for the consequences of his/her failure to perform appropriate medical tests?
[P] Do you believe that just because a doctor does not intend to hurt his/her patient he/she should not be responsible for any negligent actions on his/her part?
[P] Do you believe that even if the treatment a doctor gives is below the standard of care (or what competent doctors should do) the doctor should not be held liable for any injury resulting from his/her treatment?
[P] Sometimes bad things happen through no fault of those involved. However, do you believe that when doctors are negligent they should be responsible for their negligence?
[P] In lawsuits against doctors/nurses, would you tend to give them the benefit of the doubt in evaluating their actions?
[D] Do you believe that, in general, nurses do a pretty good job in caring for their patients?
[D] When we know the outcome of an event, we tend to judge the actions leading up to the event more critically. However, the law says that the actions need to be judged based on the [information/knowledge/other] that was available to each person at the time. Do you believe that it is important to judge such a situation only on what a doctor/nurse/health care professional knew at the time?
[D] Do you feel that now knowing that the plaintiff was severely injured that you would tend to think that perhaps the doctor/nurse/health care professional could or perhaps should have done something more to prevent this from happening?
[D] Does anyone feel that even if a doctor/nurse/health care professional did not do anything wrong, the fact that the plaintiff had a problem within a short time of being treated indicates that the doctor/nurse/health care professional/hospital should have done something different?
[D] We maintain that [defendant's name] did not act in a negligent manner and that the plaintiff's condition was not associated with anything [defendant's name] did or did not do. [Defendant's name] is on trial here, and his/her professional reputation is at stake. Do you feel that it is important to exonerate [defendant's name] if his/her actions did not cause the injury?
What do you think are the major roles of doctors and nurses in the treatment of any given patient?
[P] Do you believe that doctors should make sure their patients understand all the consequences of an operation or treatment plan prior to proceeding with the operation or treatment? [Or is it enough that the patient decides to go through with it?]
[P] Do you believe that it is a doctor's duty to perform the necessary tests to ensure that selected treatments or operations are appropriate for his/her patients?
[P] Do you think that doctors should be responsible for the treatment of their patients?
[P] Do you think that it is the patient's responsibility to know what is best for him/her?
[P] Do you believe that patients have a right to expect quality care from their doctors?
[P] Would you have any reservations in returning a verdict in favor of the plaintiff in a case involving the doctor's failure to diagnose a serious illness?
[P] Would you have any reservations in filing a lawsuit against a doctor or other medical personnel if you felt that you were hurt as a result of their negligence?
[D] How do you feel about a situation where a patient withholds relevant information from his/her doctor?
[D] Do you believe that patients should not withhold important information from their doctors?
[D] Do you believe that not only the doctor but the patient also is responsible for the success of his/her treatment?
[D] Do you feel that even though a patient has signed a consent form recognizing the risks of certain complications, if one of these...
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