What else is your jury consultant seeing in mock trial deliberations?
As we have been discussing, there is a wealth of meaningful, interpretable data hidden in the gaps in a mock trial deliberation. In addition to measuring articulated verbal content (written and oral), it is important for consultants to read meaningful behavioral indicators of how mock jurors process case information. Important unarticulated material generally falls into two areas:
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“This case appears to be the end of a marriage,” said Santa Clara Superior Court Judge James Kleinberg, before the start of the Hewlett Packard v. Oracle bench trial. With that statement, we can see the narrative context within which he will interpret some relatively vague contract language to decide whether there is a viable contract that binds the two parties. Given the acrimony and emotional furor throughout the case, it seems apt.
Judges may be fine legal scholars, but they are humans first and...Read Full Article >
We told our 23 mock jurors that they had participated in something historic and it was true. For the first time, DOAR conducted a client-free mock trial. Given our experience in intellectual property and patent disputes, we invented a patent case pertaining to a hypothetical time-release insulin product. The inventors were university-based researchers. The patent’s ownership had been transferred to a patent holding company, SBN, in exchange for future royalties derived from licensing agreements. The accused infringer, Haldon Pharmaceuticals, made and sold a product called Insulex...Read Full Article >