Why jurors assess big damages
Author | Jim Wren/Laura Brown |
Pages | 33-54 |
WHY JURORS
ASSESS BIG DAMAGES
1-1
CHAPTER 1
WHY JURORS
ASSESS BIG DAMAGES
I. IT ALL STARTS WITH CREDIBILITY
§1:01 Credibility Is Vital When Damages Are Ambiguous
§1:02 Credibility Feeds the Emotional Need of Jurors for Safety and Significance
§1:03 Credibility Requires Finding the Emotional Truth of Your Damages Case
§1:04 Find the Emotional Truth of Your Damages Case Through Personal Involvement
II. JURORS CRAVE THE OPPORTUNITY TO DO WHAT IS RIGHT AND SIGNIFICANT
§1:10 A Sense of Significance Motivates
§1:11 Sympathy Does Not Motivate
§1:12 Anger Motivates, But Only If Used Correctly
§1:13 Jurors Understand and Protect Positive Values, But Negative Values Are Confusing
§1:14 Family and Safety Systems May Be the Most Important Positive Value
§1:15 Help Jurors Understand They Speak for the Community
§1:16 Use a Case Theme to Communicate the Moral Significance of the Case
III. JURORS RESPOND TO EVIDENCE OF CONSCIOUSLY BAD VIOLATIONS
§1:20 Finding Consciously Bad Violations in Negligence Cases
§1:21 The Information Needed to Expose Consciously Bad Violations
§1:22 Articulating the Rules to Help Jurors Recognize Consciously Bad Violations
§1:23 Using Conscious Violations to Build Anger as a Motivation for Damages
§1:24 Reinforcing the Theme by Showing Why Each Standard Really Matters
IV. JURORS MAY CARE MORE ABOUT THE RESPONSE TO INJURY THAN THE INJURY ITSELF
§1:30 Jurors Care About Motives and Choices
§1:31 Jurors Want to Be Part of the Story
§1:32 Post-Injury Acts and Omissions of the Defendant Are Usually Waiting to Be Tapped
§1:33 Jurors Identify More With Overcomers Than With Victims
§1:34 Prepare to Articulate the Relevance of Post-Occurrence Conduct
V. JURORS WANT YOUR GUIDANCE, IF YOU RESPECT THEIR RIGHT TO DECIDE
§1:40 Jurors Respond to Priming (Intentional or Inadvertent) Like Everyone Else
§1:41 Using the Total Damages Number as Its Own Anchor
§1:42 Using a Number From Outside the Case as the Anchor for Damages
§1:43 Jurors Need Guidance to Justify the Amount of Damages
§1:44 Why Are You Suggesting This Specific Number?
VI. PUTTING IT ALL TOGETHER
§1:50 This Book Is Dedicated to the Coherent Approach to Proving Damages
WHY JURORS
ASSESS BIG DAMAGES
(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)
To continue reading
Request your trial