1 Jury Selection Issues in Employment Cases Lara M. Giese, Psy.D. and Leslie Ellis, Ph.D. In a wrongful termination case in Los Angeles, jurors awarded the plaintiff a whopping $3.43 million verdict. In post-trial interviews, jurors were found, not surprising ly, to dislike the defense a major corporation in Los Angeles and its corporate witnesses. What made a crucial difference in this four-week, two-day deliberation case was the precise, scientific way in which the jury was selected. With the help of a trial consult ant, questionnaires were devised to find jurors who had interests, ex periences, and backgrounds in common with the plaintiff. Working from a deselection model, counsel utilized a 1-5 scale to rank the potential adversity of pos sible jurors. While it is always a challenge to pick a fair and impartial jury in an employment litigation, this case highlights the importance of jury selection in these cases. Because it couples scientific research with in tuitive reasoning, jury selection is both an art and a science. Employment Experts When trying an employment case, it is crucial to learn the work his tories of potential jurors. Unlike jurors in other kinds of cases, ju rors in employment cases usually carry a load of emotional baggage regarding their personal work ex perience. Because most jurors ei ther have been employed or have employed someone, most view themselves as experts in these cas es. They consider their personal experience as equivalent to legal facts in their consideration of the issues. This can be dangerous to either side.
2 Jurors frequently engage in a psychological defense mechanism called Defensive Attribution. To help them believe that something could never happen to them, they may determine that in a specific situation such as the case at hand, nothing bad happened to someone else (the plaintiff). They do not want to believe that the plaintiff s circumstances were negative enough to find liability, because these jurors do not want to admit that their own employment cir cumstances are equally bad. These jurors may think, My situation is not (or can t be) that bad; therefore the plaintiff s situation can t be that bad. They may be loathe to find for the plaintiff, because the meaning of that decision would hit a lit tle too close to home. Personal Experiences Figure 1 Jurors have what they believe to be experiential information. Their past experiences guide their opinions. Furthermore, most pattern jury instructions direct jurors to rely on their experience and common sense when evaluating the evidence and witnesses. Jurors frequently apply their per sonal experiences to the case. These experiences may influence them even prior to the presentation of any evidence to find one side of the story more plausible than the other. For example, in retaliation cases it is common for a plaintiff to claim that he or she was fired after a par ticular incident because the employer had been looking for a non discriminatory excuse to get rid of the employee. The employer, of course, claims the incident was proper grounds for termination. When deciding if a particular inci dent is justification for termina tion, jurors frequently rely on their own experiences with blow-ups at work. Figure 2 The results of a false sense of ex pertise was quite evident in a re cent Los Angeles focus group. One mock juror persuaded the other 11 that an employment law stated that an employer could not terminate an employee without three written warnings. Although no such law exists, the ju ror was able to convince the others; those who were on the fence regarding their verdict deci sion decided to go with the plain tiff, whom they believed was wrongfully terminated. The day-to-day circumstances under which potential jurors have worked can be as important as their long-term history. Contrary to some expectations, many jurors who work or who have worked in employment circumstances similar to the plaintiff s could be less likely to sympathize with the plaintiff. In one such case, a fairly senior employee was particularly unpleasant to his immediate supervi sor and was terminated. Because they would expect to be terminated if they behaved similarly, jurors who are laborers and those who hold hourly wage jobs are more likely to feel that the employer would be justified in terminating the employee. Jurors who hold salaried, white-collar jobs, on the other hand and those accus tomed to the human resources de partment mediating between em ployees and management are more likely to feel that the em ployer should take more steps to rectify the situation before termi nating an employee. Perhaps the most important employment experience for attorneys to seek out in potential jurors is whether they feel they have ever been discriminated against at work or in other arenas. Jurors who feel as though they have been discrim inated against, and that the dis crimination prevented them from accomplishing their goals, are more likely to favor a plaintiff position. On the other hand, jurors who report that they have been discriminated against, but the discrimination did not prevent them from accomplishing their goals, are less likely to favor the plaintiff. These individuals are likely to be lieve that because they succeeded without suing anyone, the plaintiff could have as well.
3 Jurors are strongly interested in the character and motivations of those involved in a lawsuit. Jurors focus on trial participants behav iors during trial and form opinions based on these behaviors. Because jurors have life experiences that may in some way be related, they tend to believe they have some thing personal at stake in the case. Figure 3 Although the law strictly for bids it, most jurors initially tend to place the burden of proof on the defendant (the employer) and side with the plaintiff (the employee) in employment cases. With the recent high-profile collapse of companies such as Enron, WorldCom, Arthur Andersen and others, people feel vulnerable in the workplace and believe that employees rights are no longer protected. Jurors tend to have a slight bias toward the belief that discrimination and harassment do occur on some level, and they or someone they know has probably been harassed or discriminated against in the past. Data gathered from over 1,700 surrogate jurors in venues across the country indicate that 63 percent agree that sexual harassment is very com mon in the workplace (see Figure 1). 66 percent agree that racial discrimination is very common in the workplace (see Figures 1 and 2). Conversely, many jurors believe that people are too quick to file claims; these jurors label many cases as frivolous. Of the surrogate jurors surveyed, 61 percent agreed that people often claim discrimina tion when they don t get what they want. This fact can be used to bolster a defense case, if you can prove that the case is more about the plaintiff s greed than about wrongdoing on the part of the corporation (see Figure 3). It is important to ask questions in voir dire that address both sides of the coin. For example, if an at torney asked, How many of you feel that discrimination is common in the workplace? over half would answer affirmatively. Unfortunately, attorneys never have sufficient peremptory strikes to eliminate half the venire. It is crit ical to ask the follow-up question, How many of you believe that sometimes people file a discrimi nation lawsuit when they don t get what they want at work? The potential jurors who respond affir matively to the first question and negatively to the second question are the jurors most likely to be adverse to a defense position. Jurors also seek to put an event into the context of what was happening around the event. For ex ample, if an employee who was terminated claims there was no ba sis for his or her termination, jurors find it helpful to compare the ter minated employee to other em ployees. For example, how many infractions did the terminated em ployee commit versus other em ployees? What kinds of infractions were the employees committing? Jurors use the concept of fair ness to assess the behaviors of a corporation. Because jurors may believe they have been treated un fairly at some point in their lives, they have strong responses to cer tain actions taken by employers. Because jurors strongly believe that employers should be fair in making decisions, jurors are more prone to initially side with em ployees rather than employers. This is partially because employers are seen as having more resources and power. Whether jurors believe they have been fairly treated in the past can strongly influence the way they evaluate the fairness of a law suit. On one hand, jurors who feel as though they have not been treated fairly in the past can be pu nitive in their decision-making. Defendants should be wary of those jurors. On the other hand, jurors who have had a tough time of it may have little sympathy for a plaintiff who they feel has no real basis for complaint. Those jurors are more likely to think, Life is not fair. Get over it. Many jurors have particular dif ficulty with the concept of at will employment. It violates their sense of fairness and justice. Seventy-five percent of surrogate jurors surveyed about their opin ions of employment cases disagreed that employers should be able to fire employees at any time, for any reason (see Figure 4). This is an extreme opinion, and one would expect many to dis agree. But this is simply another example of defensive attribution. Jurors think, I don t want to be lieve that I could be fired at any moment, therefore it shouldn t happen to someone else. A key question to ask potential jurors in any employment case is whether they have ever been laid off. Those who have are more likely to be sympathetic to the plaintiff, particularly in a wrongful termination case. In fact, those who have been terminated may be sufficiently bitter or resentful to want to exact revenge by voting to award
4 they will award higher dam ages. Conversely, if a female juror cannot identify with a female plaintiff (for example, if the juror feels she would have taken different measures in the same situa tion), it is less likely that the juror will empathize with the plaintiff. Figure 4 high damages. Even jurors who have chosen to change jobs frequently, and who have never actually been fired or laid off, most often favor the plaintiff as a result of the juror s sense of personal in stability in the workforce. Along the same lines, another important question to ask potential jurors is: How long have you worked for your present employer? The longer a juror has worked for one employer, the more per sonally stable and defense-oriented he or she is likely to be, unless they have worked in the same capacity without advance ment for many years. Those who have worked for only one em ployer and those who have been promoted to a managerial or su pervisory position traditionally fa vor the defense. The type of work potential jurors do is another concern. Blue collar workers, postal workers, secretaries, clerical workers and the like (i.e., those who have little decisionmaking power in their jobs) are usually more plaintiff-oriented in employment cases. Those who are employers or supervisors, or those who work in an analyti cal field such as engineers, com puter programmers, bankers, and attorneys, are usually more de fense-oriented. Government workers are a mixed bag. Those higher up the ladder (e.g., district attorney, supervisor, etc.) are more apt to favor the defense. Those who are unhappily retired, unem ployed, or who are on disability are usually more sympathetic to plaintiffs. In sexual harassment cases, study results show that jury-eligible citizens did not make distinc tions based on the gender of the plaintiff and the defendant. Due to classic stereotypes in the work force, however, jurors were more likely to blame a male defendant than a female defendant in these cases. Empathy also becomes crucial for the jury. The more easily jurors can identify with the plaintiff and put themselves in the plain tiff s shoes, the greater the likeli hood The way the evidence is framed and the manner in which the plaintiff s story is told influence the degree to which jurors identify with the plaintiff. Demographics Demographic factors should not be considered in isolation. They should be reviewed in the context of the attitudes and experiences jurors. Age is always a key factor in jury selection. As a general rule, older adults are more conservative, whereas younger adults tend to be more liberal in their world view. Obviously, depending on what side of the case you are on, this is vital information. As mentioned earlier, a juror s occupation is also significant. Each case is unique, of course, but typical plaintifforiented jurors in clude blue-collar workers, those who have filed a worker s compensation claim in the past, liber als, younger adults, minorities, sin gle people, those who rent their home, and those who have less ed ucation and lower income. Conversely, defense-oriented jurors would include those who are white-collar, conservative, Caucasian, homeowners, married, older adults, higher income, more educated, and managers and supervisors. In cases in which gender is the basis for the claimed discrimination, gender is a critical demo graphic criterion to consider. Re search indicates that women are more likely than men to categorize a broad range of social-sexual behavior as harassing, to find a work environment hostile, and to find attitudes toward women derogato ry (e.g., Kovera, McAuliff and Hebert, 1999; Rotundo, Nguyen, and Sackett, 2001). Research also indicates that women are more sensitive than men to the reason able woman standard (Wiener, Hurt, Russell, Mannen, and Gasper, 1997). Both men and women use themselves as reference points (called self-referencing ) when evaluating moderately severe or ambiguous cases of sexual harass ment (Wiener & Hurt, 2000). Women, however, are more likely to have experience with inappro priate sexual behavior (or to have heard others complain about it) that they can self-reference. Women are thus more likely to find female plaintiffs credible as witnesses and less likely to find female defendants responsible for harassment.
5 they find corporate execu tives guilty of wrongdoing; this represents jurors efforts to halt corporate wrongdoing in our workplaces. The manner in which the decision-makers testify can be critical in employment cases. In most cases, jurors must decide which story they find more credible the plaintiff s or the defendant s. The credibility of those who deliver these stories (i.e., witnesses) is critical. In many employment cases, the witnesses are the story. Whether jurors believe the witnesses becomes paramount. Jurors ask themselves, Are these people the type who would do what the plaintiff claims they have done? Is the plaintiff the type of person who would behave in the way the defendant claims he or she has be haved? Attitudes and Nonverbal Hints Aside from work history and demographic information, it is im portant to focus on the attitudes and nonverbal clues given by po tential jurors. Pay attention, not only to what jurors say, but also to how they say it, and more impor tantly, to how they relate to coun sel during the voir dire process. The voir dire process is an important opportunity for attorneys to build rapport with potential jurors. Nonverbal cues to look for in the voir dire process include content, eye contact, body language, and facial expression. Most importantly, pay attention to any mismatches between what a potential juror says and how he or she behaves. If the juror displays exag gerated behavior or inconsistencies among responses, this often signals deceit and may also tip you off to a stealth juror (someone with a hidden agenda for wanting to get on to the jury). Witness Concerns Figure 5 Research indicates that jurors believe corporations should be held to a higher standard of behavior than individuals (Hans, 2000), par ticularly in dealing with employees. Jurors also tend to believe that executives are willing to lie to pro tect themselves or their company (see Figure 5), especially in the current corporate climate. Jurors are more skeptical of company ex ecutives than they were just a few years ago. Their reactions to exec utives are not as severely negative as they were 24 months ago; but jurors are much more open to conspiracy claims and accusations of corporate wrongdoing than they were in the past. Jurors are also more punitive now in cases where One goal of jury selection is to identify potential jurors who will not be open to your case. Identifying jurors who will have a particularly difficult time believing your witness(es) is an important part of this process. Counsel who have a consultant assist with pre-deposi tion or pretestimony witness preparation greatly enhance the credibility and communication style with which the witness or witnesses testify. When considering a corporation as a defendant, jurors respond best when the corporation is personalized as much as possi ble through its witnesses. Jurors want to know with whom they are dealing (the people behind the corporation) and where the cor poration stands on the issues dis cussed in the case. Specifically, jurors need to see written policies with regard to employees and ev idence that the policies have been enforced in the past. Jurors want to put the employee and situation at hand into the context of what typically happens at this company. If relevant policies and procedures are not in place, jurors will likely view this as evidence of the company s lack of care or concern about such matters. Jurors require written evidence to demonstrate that the actions taken were justified and unavoidable. If that documentation is not available, jurors will not believe the employee was given a chance, and they will likely side with the plaintiff. Jurors react more positively to a proactive approach than to a reac tive one. Rather than focusing on the defensive position and hearing from employees against whom the company did not discriminate, ju rors respond best when they hear about measures the company took against discrimination and see ex amples of how the company cared that discrimination did not take place. If executives or those represent ing the corporation
6 demonstrate anger, jurors are likely to interpret this as callousness or arrogance, which will more than likely lead to larger damage awards. To protect itself, a company should present arguments that parallel the experi ences, opinions, concerns, etc., of the jurors. If jurors perceive that plaintiffs are unfair in their actions and accusations against the corporation, jurors will not side with them. Each Case Is Unique There are many important issues to keep in mind with jury selection and witnesses in an employment case. Keep in mind that each side, not the just the plaintiff, will try its best to personalize its clients and to make them more emotionally appealing to jurors. As mentioned earlier, even a large corporation can be (and should be) personalized for the jury by humanizing the corporation and having a com pany representative attend each day of the trial. Remember that each case is unique; a jury profile that works in one particular case may not work in another. One cannot simply take the above descriptions and label a potential juror as plaintiff -oriented or defense-oriented. Jury selection involves looking closely at each juror s work history, expe riences, and demographics, as well as evaluating his or her voir dire answers, attitudes, demeanor, affect, reactions to the attorneys, and how he or she relates to others. Only when each of these factors is considered will jurors who are tru ly sympathetic and open to your case be discovered. Notes: 1. Hans, V. (2000). Business on trial: The civil jury and corporate responsibility. Yale University Press. 2. Kovera, M., McAuliff, B., and Hebert, K. (1999). Reasoning about scientific evi dence: Effects of juror gender and evidence quality on juror decisions in a hostile work environment case. Journal of Applied Psy chology, 84, Rotundo, M., Nguyen, D., and Sackett, P. (2001). A meta-analytic review of gender differences in perceptions of sexual harass ment. Law and Human Behavior, 86, Wiener, R., Hurt, L., Russell, B., Mannen, K., and Gasper, C. (1997). Perceptions of sexual harassment: The effects of gender, legal standard, and ambivalent sexism. Law and Human Behavior, 21, Wiener, R. and Hurt, L. (2000). How do people evaluate social sexual behavior at work? A psycholegal model. Journal of Ap plied Psychology, 85, REPRINT
JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,
Factors Affecting Jury Damages Awards Decisions By Dorothy K. Kagehiro, Ph.D. The use of experts in federal trials has remained fairly consistent across time. In a 1998 survey of 303 United States District
ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If
Perspectives Insights From Colleagues of UE Juror Attitudes in Harassment and Discrimination Suits By Dan Gallipeau and Steven Gerber Before deciding whether to take a case to trial, employers including
Maximizing Strikes for Cause MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD I. INTRODUCTION This paper will introduce an approach to jury selection that is radically different from
: Crossing the Finish Line First Cynthia R. Cohen, Ph.D. Verdict Success Manhattan Beach, CA THE STARTING LINE: DETERMINING YOUR GOALS Mock trials, often considered expensive because of the professional
What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,
The Current Climate For Today s Nursing Home Defendant by Jury awards $20 million in negligence suit against nursing home. Largest verdict in County history, $21.5 million, returned against nursing home.
INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may
Scaled Questions During Jury Selection By: Ben Rubinowitz and Evan Torgan One of the most crucial tasks a trial attorney must undertake is selecting a pool of jurors that will view her client's case in
INTRODUCTION Inevitably, there comes a time in every employer s existence where a complaint, an accusation, alleged employee misconduct, or a rumor of something amiss comes to their attention requiring
Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should
1 THE COURT: You have been selected and sworn to determine the facts and render a verdict in the case of the Commonwealth / 1 of Pennsylvania versus Robert Greene, who is charged with one count of robbery,
National and Case-Specific Energy Company Research Findings by Shelley Spiecker The following findings are based on Persuasion Strategies consultation with over 25 energy companies over the past several
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA KEYBOARD()DIVISION KEYBOARD(), Plaintiff, v. KEYBOARD(), Defendants. ] ] ] ] ] ] ] ] ] CV Members of the Jury: COURT S INSTRUCTIONS
Trying a Labor Law Case with a Sole Proximate Cause Defense By Ben Rubinowitz and Evan Torgan Although Labor Law Section 240 was designed to protect workers, making owners and general contractors strictly
MINNESOTA JUDICIAL TRAINING UPDATE CRIMINAL VOIR DIRE QUESTIONS ASKED BY THE COURT THE MN SUPREME COURT TASK FORCE ON JURY SELECTION HAS RECOMMENDED THAT JUDGES BE MORE PROACTIVE IN ASKING INITIAL QUESTIONS
Fundamental Trial Techniques For The Defense Craig A. Livingston 1600 South Main Street, Suite 280 Walnut Creek, California 94596 925.952.9880 www.livingstonlawyers.com Trial Considerations The First and
TAKING YOUR OMAHA DUI CASE TO JURY TRIAL If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated Thomas M. Petersen
The Basics of Sexual Harassment Sexual Harassment is a violation both of Federal Law and the laws of most states. For employers, it is fairly easy to take steps to prevent sexual harassment and to defeat
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
WHO'S ON THE FIRING LINE? TIPS FOR AVOIDING WRONGFUL/RETALIATORY DISCHARGE CLAIMS by William R. Hanna I. INTRODUCTION A. Union members were only 7.2% of the private sector work force in 2009, down from
IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk
VOIR DIRE FROM THE DEFENSE PERSPECTIVE BY JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 44--1 You have been sitting in your chair at counsel table for a good part of the day, perhaps making an
SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE These instructions will be in three parts: first, general rules that define and control your duties
Jury Duty and Selection Introduction That unwelcome letter arrives in the mail jury duty. Many famous trial attorneys have described jurors as a group of individuals who didn't have a good enough reason
If you have been sued as a defendant in a civil case...keep reading. Court procedures can be complex. This brochure was developed to help Ohioans who are considering representing themselves in court. It
STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.
Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted
CAN JURY CONSULTANTS MAKE THE DIFFERENCE? A Plaintiff s Perspective By: Kathryn Burkett Dickson Dickson Levy LLP 180 Grand Ave., Suite 1300 Oakland, CA 94612 510-318-7706 firstname.lastname@example.org I. Introduction.
EMPLOYER S LIABILITY FOR SEXUAL HARASSMENT BY SUPERVISORS Charges of Sexual Harassment Are a Small Business Nightmare Statistics Bare This Out. Last year, 15,222 charges of sexual harassment were filed
Friday, August 29, 2008 TRIAL ADVOCACY The Art of Jury Selection: Working With Challenges Ben Rubinowitz and Evan Torgan It has been said that the purpose of jury selection is to select a 'fair and impartial'
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) Case No. 09-00296-03-CR-W-FJG ) ROBERT E. STEWART, ) ) Defendant.
TIPS FOR RESPONDING TO EEOC COMPLAINTS PRESENTED BY: RICHARD D. ALANIZ ERA OF ACTIVE ENFORCEMENT Over the last several years, government agencies that regulate the workplace have been in a mode of aggressive
Arizona Jury Research Curriculum Vitae for Jan Mills Spaeth, Ph.D. Litigation and Jury Consultant (520) 297-4131 Fax: (520) 797-4213 PROFESSIONAL EMPLOYMENT 1980-- Litigation and Jury Consultant. All aspects
Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for
Strategies for Litigating Sexual Harassment Richelle Lyon, M.A. President & Senior Consultant Los Angeles Legal Strategy www.lalegalstrategy.com 310-424-0875 Copyright 2012 by Los Angeles Legal Strategy
How to Protect Students from Sexual Harassment: A Primer for Schools This fact sheet is part of a series of tools designed by the National Women s Law Center to help schools address the dropout crisis.
Our Purpose A jury s verdict is based on it s perception of the witnesses and evidence. Understanding jurors attitudes and perceptions about your case can reduce your risks at trial. Our purpose at SheldonSinrich
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA v. CRIMINAL ACTION H-00-0000 DEFENDANT(S) JURY INSTRUCTIONS I. General A. Introduction Members of the Jury:
LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE Timothy L. Davis Burke, Williams & Sorensen, LLP www.bwslaw.com OVERVIEW FOR 2016 UPDATE Labor Law Court Decisions Employment
SCRIPT TITLE: PREPARED BY: LEGEND: Bullying, Harassment, & Civil Rights: An Overview of School Districts Federal Obligation to Respond to Harassment National Center on Safe Supportive Learning Environments,
THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS I. Purpose of This Handbook The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their
The State of Sexual Harassment in America: What is the Status of Sexual Harassment in the US Workplace Today? Steven V. Cates, DBA, SPHR Lynn Machin, Kaplan University, USA ABSTRACT The purpose of this
Wendy Musell Stewart & Musell, LLP In 2011, the federal government is the Nation's largest employer with about 2.0 million civilian employees. 600,000 employees approximately in the US Postal Service Laws
OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE BY JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1 Where Voir Dire is an opportunity to give the jurors an outline of your themes, opening statement
You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting
Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys
RESEARCH FINDINGS PRODUCT LIABILITY SCORECARD > PHARMA & MEDICAL DEVICES EXECUTIVE SUMMARY Pharmaceutical and Medical Device Companies find themselves in the crosshairs for major matter bet-the-farm litigation.
Proper Use of Focus Groups in Civil Litigation Rhon E. Jones 1 Beasley, Allen Crow, Methvin, Portis & Miles, P.C. Montgomery, Alabama Focus groups are more important to civil litigation than you may think.
Employment Practices Liability Insurance Claims are on the rise. Are you protected? Administered by Cooper & McCloskey Inc. What is Employment Practices Liability Insurance (EPLI)? (EPLI) protects companies
Undocumented Workers Employment Rights YOUR LEGAL RIGHTS 1. What legal rights do I have as an undocumented worker? With a few exceptions, undocumented workers enjoy the legal rights and remedies provided
LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283 INFORMATION ABOUT CLIENT REPRESENTATION Thank you for considering retaining the Law Office
WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS Eileen P. Kennedy Berliner Cohen 1 Topics I. New Laws Protecting Whistleblowers. II. III. IV. Other Anti-Retaliation and Whistleblower Protections. Discipline
Challenges Faced in a Harassment Investigation By: Lauren M. Bernardi This article outlines five of the most common challenges faced during a harassment investigation and provides strategies for responding
Just the Facts: Workplace Investigations and Documentation I. Planning and Organization A. When to Investigate? General rule: Investigate when employer receives a complaint or becomes aware of employee
The University of Texas at Austin University Hello and welcome. This portion of the Compliance Program will introduce you to the topic of Employment Discrimination, and the University's policies and procedures
TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION PRESENTED BY JEFF KEARNEY KEARNEY & WESTFALL 2501 PARKVIEW STREET, SUITE 300 FORT WORTH, TEXAS 76102 (817) 336-5600 LUBBOCK CRIMINAL DEFENSE LAWYERS
STEPS IN A MOCK TRIAL 1. The Opening of the Court Either the Clerk of the Court of the judge will call the Court to order. When the judge enters, all the participants should remain standing until the judge
A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
: More Important than Ever in 2011 According to the Equal Employment Opportunity Commission ( EEOC ), the Commission received over 7% more employment discrimination and unlawful harassment charges in 2010
Workplace Harassment In 2012 alone, the US Equal Employment Opportunity Commission ordered that $365,400,000 (that s 365.4 million dollars!) be paid out for discrimination and harassment charges. No wonder
Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Unit Overview How does the civil justice system hold people and corporations accountable for their actions? How does civil law
Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality
NELA/NY Fall 2014 Conference Opening Statements: Applying Rules of the Road to Employment Cases John A. Beranbaum The book, Rules of the Road: A Plaintiff Lawyer s Guide to Proving Liability (2d Ed. 2010),
Voir Dire in Domestic Violence Cases By Sarah M. Buel, Co-Director, University of Texas School of Law Domestic Violence Clinic Voir dire provides the opportunity to educate jurors while probing for bias,
Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO
A Guide to Analyzing Jury Questionnaires in Civil Cases by Lisa Blue, PhD and Robert Hirschhorn, Esq. Lisa Blue is an attorney specializing in toxic tort litigation with the law firm of Baron & Budd, P.C.
In some jurisdictions, prosecutors are permitted to voir dire or question prospective jurors or venire persons. If you practice in a jurisdiction that permits you to ask questions, it is important to develop
1.0 Introduction The World Bank Group Policy on Eradicating Harassment Guidelines for Implementation The World Bank Group is committed to fostering a workplace free of harassment and intimidation, where
JURY INSTRUCTIONS PRELIMINARY INSTRUCTIONS 1. ANTITRUST CLAIMS 2. Elements of Monopoly Claim 2.1 Definition of Monopoly Power 2.2 Relevant Market 2.3 Existence of Monopoly Power 2.4 Willful Maintenance
A Review of the Legal Research and Legal Topics Presented at SIOP Elizabeth McChrystal Florida Institute of Technology Editor s Note: In order to highlight aspects of the conference in this issue of TIP,
SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court
NEW HAMPSHIRE E SCHOOL BOARDS ASSOCIATION Theodore E. Comstock, Executive Director Barrett M. Christina, Staff Attorney 603-228-2061 www.nhsba.org Investigating Allegations of Employee Misconduct October
EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES A multi-disciplinary approach to systems change and offender accountability Megan Widman, MSW Director of Social Action, HAVEN Co-Chair, Oakland County