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Practice Tip: What the Jury Hears

By Theresa Zagnoli, Susan T. Dwyer, and Jeffrey A. Lichtman
May 30, 2007

Every day there is a new product liability headline. Every day jurors hear of a sensational new product liability verdict. Every day business is pitted against consumer safety. Trial counsel on both sides of the courtroom have to know what jurors expect from product liability cases and understand how to adapt their respective cases to those expectations. The expectations with which the jurors enter the courtroom will, to a great extent, determine what they will hear regardless of what you say.

Jurors Want to Know Who Is Responsible

From the moment they step into the courtroom, jurors are taking in clues to figure out what the case is all about. They pay attention to the voir dire questions to figure out what the lawyers are looking for in a juror. They will listen to your opening statements, and the stage will be set for the opening battle. They want you to teach them what they need to know to make a decision about the case. All the while, jurors are making judgments and filtering evidence through their basic beliefs about the world, corporations, and personal responsibility.

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