New research illustrated in the December 2012 issue of “Psychology Today” indicates that one or more jurors can correctly identify character types from a cursory glance. These types of judgments have an accuracy rate of at least 60% and usually occur the first time the jury observes your client(s) and witness(es)...
Read MoreSurangama Sutra once uttered that things are not what they appear to be, nor are they otherwise. These words personify...
Read MoreWill a plate of hot steaming cinnamon buns promote greater cooperation? How about the smell of coffee increasing moral behaviors? Can the odor of citrus Windex actually increase connectedness between strangers? Surprisingly the answer to all of these questions is yes! New research is now defining and proving that smell, the forgotten and least understood human sense, directly influences our perceptions, thoughts, and subsequent behaviors towards others.
Read MoreA 2001 study conducted by Irwin
Horowitz and Lyn FosterLee published in the journal of Law and Human Behavior
explored the effects of note-taking and the availability of trial transcripts during
jury deliberations. The results from this study yielded some counter intuitive findings. Part 1 of this two part journal article explores in more detail the literature behind reported effects of using trial notes and trial transcripts in jury deliberations. The foundation is set for the discussion of how to use the peripheral cue trial technique to bolster jury awards.
Part 2 covers the study results and goes into detail about the theory, applications, and results of the trial tested peripheral cue technique.
Research from the Journal of Law and Human Behavior reports that ‘off-stage’ observations, defined as the jury watching attorneys, clients, judges, and support staff, have little to no effect on jury verdicts. An even more interesting finding from the research is the “spin and theatrics” bias that equally affects the plaintiff and defense…
Read MoreThere is power in precession when talking numbers and convincing people about actual value. This research is extremely important in settlement, during mediation, or for the jury in trial.
Read MoreIdentifying a potential juror's level of need-for-cognition can predict certain behaviors in trial and during deliberations...
According to current research in psychology narcissism is on the rise. The increase in narcissistic traits has serious ramifications for how we handle voir dire, depositions, and witnesses at trial. The very nature of narcissism will alter and even negate current effective trial strategies and techniques. Appealing to feelings and having the jury live the story your client are mute to narcissism.
Read MoreA recent research study indicated that 83% of Radiologists failed to notice a glaring anomaly on a radiological scan. This study was exploring the psychological concept of change blindness. Litigare has outlined some of the trial techniques that change blindness affords the trial lawyer.
In order to further assist trial lawyers working on PTSD cases and because of the amount of inquiries from our original journal article, Lītigāre has compiled a list of research studies, in a pseudo-annotated bibliographic style, supporting the facts that chronic PTSD is a permanent life altering injury.
Read MoreImplicit bias has a very direct and present role in how we interact and perceive others. The ramifications for settlement and trail are immense because the research shows that all of us (judge, jury, opposing counsel, and experts) carry social and racial biases for which we are not aware. Most importantly IB heavily and actively guides our feelings, thoughts, behaviors and decisions.
Read MoreThis article will cover PTSD symptomology, the effects it has on the human brain, and the subsequent social and emotional functioning issues that arise from a diagnosis of Chronic Post Traumatic Stress Disorder. We have listed a few current research studies and articles that have been effective for trial and settlement.
The information and tips that we offer in this Litigare Journal article are courtroom and settlement proven strategies for the plaintiff and the defense.
Read MoreThere are proven research methods available to circumnavigate jury bias and motivate behaviors...
Read MoreWe are always seeking new, inventive, psychological and biological ways to circumvent or end resistance to our arguments and have the jury see our truth. Some very interesting research articles have been written on resistance to persuasion...
Read MoreWe have received many questions about the rule of three, especially the reasons why we use three instead of two and four. Our answer is...
Read MoreAs valuable as communication is, it is an imperfect tool for conveying our ideas, thoughts, and feelings. A variety of scientific fields have explored this question and developed a sundry of theories on the subject...
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