Idaho Trial Lawyers Association March 3, 2006

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Idaho Trial Lawyers AssociationMarch 3, 2006

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The Art of Jury Selection

• Voir Dire Tips
• (Part un)

_______________________________________________
Lisa Blue Ph.D., J.D.
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VOIR DIRE TIPS

• -PRIMACY AND RECENCY
• START WITH A POWER STATEMENT

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VOIR DIRE TIPS

• - PRIMACY AND RECENCY START WITH POWER
  STATEMENT
• -WHAT IS THE THEME, THEORY OR TRILOGY
• FOR OUR CASE

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
  STATEMENT
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR
  CASE
• -ADDRESS VOIR DIRE
• TIME LIMITATIONS

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
  STATEMENT
  
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR
  YOUR CASE
  
• -ADDRESS VOIR DIRE TIME LIMITATIONS
• -ENCOURAGE THE
• JUDGE TO SET
• THE TONE

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All in the messenger

• I once heard a great Judge say.

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH POWERSTATEMENT
  
  
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR
  CASE
  
• -ADDRESS VOIR DIRE TIME LIMITATIONS
• -ENCOURAGE THE JUDGE TO SET THE TONE
• -VOIR DIRE IS THERAPY,
• NOT CROSS
• EXAMINATION

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My Favorite Voir Dire Phrases

• The difference between you and me.
• Tell me whats in your heart of hearts
• My fear is.
• If there is a real reason you cant be here or
  you dont want to be here.

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Identify Belief Systems

• If you lose this case why are you going to lose?

Turn weaknesses into Voir Dire Questions
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Example

• Take the defendants defenses and make analogies

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Example
Who is Gary Burghoff
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Example
What face is shown on the dime
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Example
Lynching
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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
  STATEMENT
  
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR
  YOUR CASE
  
• -ADDRESS VOIR DIRE TIME LIMITATIONS
• - ENCOURAGE THE JUDGE TO SET THE TONE
• -VOIR DIRE IS THERAPY, NOT
  CROSS-EXAMINATION
• -THREE TYPES OF QUESTIONS OPEN-ENDED
  
• CLOSED-ENDED
• SCALED

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My Favorite Voir Dire Questions

• What should the law be?
• (remember its all about Belief Systems)

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My Favorite Voir Dire Questions

• If you were me would you want someone just like
  yourself on this jury?

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My Favorite Voir Dire Questions

• If you were hurt by negligence of any kind
  would you sue?

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
  STATEMENT
  
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR
  CASE
  
• -ADDRESS VOIR DIRE TIME LIMITATIONS
• -ENCOURAGE THE JUDGE TO SET THE TONE
• - VOIR DIRE IS THERAPY, NOT CROSS-EXAMINATION
• -THREE TYPES OF QUESTIONS
• OPEN-ENDED CLOSED-ENDED SCALED
• -USE JURY QUESTIONAIRES
• SHORT VS. LONG

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Scaled Question Example

• Prescription drug companies do an adequate job
  of warning the public about the risks of using
  their medicines.
• __Strongly Agree __Somewhat Agree
  __Somewhat Disagree __Strongly
  Disagree

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Belief Question Example

• Do you believe a prescription drug should be
  proven 100 safe before sold to the public?
• Please explain_____________________________

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Adjective Question Example

• Which of the following would you use to describe
  yourself?
• (Check all that apply)
• ? Analytical ? Generous ? Outspoken
  ? Sloppy
• ? Strict ? Rational ? Rule
  Oriented ? Attractive
• ? Judgmental ? Practical ? Smart
  ? Technical
• ? Reasonable ? Naïve ?
  Compassionate ? Logical
• ? Private ? Successful ?
  Trusting ? Suspicious
• ? Talkative ? Emotional ?
  Pretty ? Self-conscious
• ? Selfish ? Vain ?
  Friendly ? Quiet
• ? Overweight ? Opinionated ? Skeptical
  ? Sensitive
• ? Controlling ? Other ________________________
  __

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
  STATEMENT
  
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR
  CASE
• -ADDRESS VOIR DIRE TIME LIMITATIONS
  
• -ENCOURAGE THE JUDGE TO SET THE TONE
• - VOIR DIRE IS THERAPY, NOT CROSS-EXAMINATION
• -THREE TYPES OF QUESTIONS OPEN, CLOSED AND
  SCALED
• -USE JURY QUESTIONNAIRES SHORT VS. LONG
• LISTENING IS AN ACTIVE SKILL
• JUST ASK YOUR SPOUSE

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
• STATEMENT
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR
  CASE
• -ADDRESS VOIR DIRE TIME LIMITATIONS
• -ENCOURAGE THE JUDGE TO SET THE TONE
• -VOIR DIRE IS THERAPY, NOT CROSS-EXAMINATION
• -THREE TYPES OF QUESTIONS OPEN, CLOSED AND SCALED
• -USE JURY QUESTIONNAIRES SHORT VS. LONG
• -LISTENING IS AN ACTIVE SKILL JUST ASK YOUR
  SPOUSE
• -RAISING AND LOWERING JUROR
• EXPECTATIONS

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
  STATEMENT
• -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR
  CASE
• -ADDRESS VOIR DIRE TIME LIMITATIONS
• -ENCOURAGE THE JUDGE TO SET THE TONE
• -VOIR DIRE IS THERAPY, NOT CROSS-EXAMINATION
• -THREE TYPES OF QUESTIONS OPEN, CLOSED AND
  SCALED
• -USE JURYQUESTIONNAIRES SHORT VS. LONG
• -LISTENING IS AN ACTIVE SKILL JUST ASK YOUR
  SPOUSE
• -RAISING AND LOWERING JUROR EXPECTATIONS
• -LOOPING ANSWERS FROM JURORS IS
• POWERFUL

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VOIR DIRE TIPS

• -PRIMACY AND RECENCY START WITH A POWER
  STATEMENT
• -WHAT IS THE THEME, THEORY OR TRILOGYFOR YOUR
  CASE
• -ADDRESS VOIR DIRE TIME LIMITATIONS
• -ENCOURAGE THE JUDGE TO SET THE TONE
• -VOIR DIRE IS THERAPY, NOT CROSS-EXAMINATION
• -THREE TYPES OF QUESTIONS OPEN, CLOSED AND
  SCALE
• -USE JURY QUESTIONNAIRES SHORT VS. LONG
• -LISTENING IS AN ACTIVE SKILL JUST ASK YOUR
  SPOUSE
• -RAISING AND LOWERING JUROR EXPECTATION
• -LOOPING ANSWERS FROM JURORS IS POWERFUL
• -FIRST ASK ELIMINATION
• QUESTIONS, THEN EDUCATION QUESTIONS!!!!!!!!

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Voir Dire
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SIMPLE CASE

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Who is this case about?
John Doe vs. Wal-Mart
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What is Voir Dire?
1. Who will be on the jury?
2. YOU do the talking.
Jurors who talk, walk. Jurors with nothing to
say, stay.
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Bias Prejudice

• Bias
• Inclination towards one side of an issue versus
  the other
• Leaning

• Prejudice
• Prejudgment

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Your Thoughts
Thoughts about Corporations doing research or
Chemicals by people are exposed

1. Good idea?
2. Why? What should Corporations do?
3. What Can Happen if they dont do research?
4. What if its just to get results for a lawsuit
   help win their case.

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Burden of Proof

• Greater Weight and Degree of the Credible
  Evidence
• (51)

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Burden of Proof
50
50
Greater Weight of the Credible Evidence
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Burden of Proof
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Greater Weight of the Credible Evidence
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Negligence
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• Failure to Use Ordinary Care

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Premise Liability
Cant Sue Employer
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Employer

• Defendants werent an Employee
• Defendant cant be Sued

Employer Defendant Say Defendant NOT
Responsible
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Proximate Causea cause which produces an event
and without which cause such event would not have
occurred.
THERE MAY BE MORE THAN ONE PROXIMATE CAUSE
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Producing Causean efficient, exciting or
contributing cause that, in a natural sequence,
produced the injury.
THERE MAY BE MORE THAN ONE PRODUCING CAUSE
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There may be more than one cause.
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There may be more than one cause.
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There may be more than one cause.
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There may be more than one cause.
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• If you or a loved one were harmed by someones
  negligence, would you file a lawsuit?

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Your opinions about lawsuits.

• Length of the Case
• Lawsuit Abuse
• Too Many Lawsuits

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Compensation
15 to 20 Million

• Mental Anguish
• Pain Suffering

Burden of Proof 51 -- More Likely Than Not
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Punitive DamagesPunish Deter
Clear Convincing Evidence
Premise Owners have Duty to Know of Dangers in
their Plants
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A Premise Owner Has A Duty To Maintain Safe
Working Conditions For All People Entering Their
Plant

• Strongly Agree
• Agree
• Disagree
• Strongly Disagree

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People Should Quit Their Job If They Think It
Might Not Be Safe

• Strongly Agree
• Agree
• Disagree
• Strongly Disagree

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Before You Decide Someone Was Exposed To A
Dangerous Chemical Would You Require Documents
YES__________ NO___________
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Which View Do You Lean More Toward
A A Corporation should prove their chemical is
safe before they put the chemical in the
air. B A Corporation can put their chemical in
the air until someone (besides the corporation
says its not safe)
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A Premise Owner Has A Duty To Make Sure Everyone
on Their Premises DOES NOT Get Hurt

• Strongly Agree
• Strongly Disagree

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OSHA
If standards but no violation of standard - who
could not find the company responsible?
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It Is The Personal Responsibility Of The Worker
(and not the companies duty) To FIND OUT What
Hazards Are In The Work Place

• Strongly Agree
• Agree
• Disagree
• Strongly Disagree

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Yeah Buts..!!!

• Not enough Exposure
• OSHA Research Question
• Worked in their Plant
• Safety Man Not For Entire Time of Exposure to
  Benzene

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Yeah Buts..!!!

• Sympathy
• Read Articles about the dangers of Benzene
• Corporation put profit before people
• If you serve on this case, if you award a
  verdict against SHELL PHILLIPS do you think
  that could effect you personally?
• How many folks dont want to be here?
• Hate Corporations (use people throw them
  away)
• Length of Case
• (You Havent Heard Evidence)

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Promise Most Important Case Youll Ever Sit On

• WHY?
• Power to change, effect influence a mans life
• Power to influence how Big Business operates
• Power to have a say in what is acceptable
  Corporation conduct what is not
• (No other entity has this power)

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Lisa Blue, Ph.D., J.D. Baron Budd, P.C. (214)
521-3605 Lblue_at_baronbudd.com