Training Course
Syllabus:
The goal of this seminar is to help lawyers enhance their clients chances of prevailing at trial. Modern trial work is rooted in the understanding that even the best case presentation is in jeopardy if the audience is unreceptive. What makes jurors more or less receptive to the case facts, themes and issues is an interplay between the content of that material and the life experiences and attitudes jurors carry with them into the courtroom. At trial the stakes for your client are high, a systematic approach to trial preparation and jury selection serves to better their chances at trial and alert attorneys and clients alike to the complexity of the task and the risks and advantages of trial.
Seminar highlights:
- Systematic approaches to jury selection: making voir dire meaningful and effective
- Voir dire in federal court
- Jury trial simulations and their use for juror selection
- The tools of systematic jurywork
- Jury selection issues
9:00 a.m. - 10:30 a.m.
I. Systematic Approaches To Jury Selection: Making Voir Dire Meaningful And Effective
A. Case Analysis And Its Relationship To Jury Selection
1. Identifying The Themes And Issues Of The Case That Matter To Jurors
2. Identifying The Areas Of Bias That Will Affect Decision Making
B. Creating A Courtroom Atmosphere That Allows For Meaningful Voir Dire
1. Educating The Court To The Case Issues
2. Judge's Introduction To Voir Dire
3. Voir Dire Motions
4. Batson
5. Jury Composition
6. Oral Voir Dire
C. Specific Areas Of Bias – Including Race, National Origin And Sexual Orientation
D. The Impact Of Bias On Liability And Damages
10:30 a.m. - 10:45 a.m.
Break
10:45 a.m. - 11:30 a.m.
II. Voir Dire In Federal Court
11:30 a.m. - 12:15 p.m.
III. Jury Trial Simulations And Their Use For Juror Selection
A. Arranging The Simulation
B. Conducting The Simulation
C. Testing Critical Issues
D. Determining The Impact Of Group Decision-Making
E. Assessing The Likely Outcome Of The Case
F. Using Outcomes For Settlement Negotiation
G. Establishing Criteria For Juror Selection
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
IV. The Tools Of Systematic Jurywork
A. Mock Jury Research
1. Focus Groups, Trial Simulations And Surveys – An Overview Of How Its Done And What You Can Gain From Them
2. Common Mistakes In Pre-Trial Research
3. Using The Research To Address Case Presentation And Jury Selection Issues
4. Using The Research In Settlement Negotiations
2:15 p.m. - 3:00 p.m.
V. Jury Selection Issues
A. Challenges For Cause
B. Preemptory Challenges
C. Preserving Challenges For Appeal
3:00 p.m. - 3:15 p.m.
Break
3:15 p.m. - 4:00 p.m.
VI. Modern Jury Selection Methods/Personal Injury/Basic Commercial
A. Challenges For Cause [Rule 1.431(c)]
B. Peremptory Challenges [Rule 1.431(d)]
C. Preserving Challenges For Appeal
D. Developing Your Trial Theme
E. Juror Non-Disclosure Of Prior Litigation
F. Using The Courtroom
4:00 p.m. - 4:30 p.m.
VII. Panel And Interactive Discussion
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