Jury Voir Dire Topics (Checklist)

  • Where they live/who they live with/family make-up
  • Occupation (and relevant occupations of spouse, children, parents, close friends and relatives)
  • Familiarity with litigants, lawyers, the case, etc. . . .
  • Prior experience as jurors
  • Prior experience with lawyers (as clients, as witnesses, etc. . . . )
  • Prior litigation experience (and satisfaction with the exposure)
    • If went to trial . . .
    • If settled/resolved . . .
  • The fact that this case has not resolved – could be the fault of either or both sides.
  • Too many “frivolous” lawsuits?
    • What about frivolous Defenses?
    • Judge this case on its own merits?
  • Too many “runaway” jury verdicts in the news?
    • Newspapers don’t report on defense verdicts on cases where the plaintiff should have won.
    • Willing to award reasonable damages?
  • Advertising lawyers on T.V. – Embarrassment to all.
  • Willingness to act as the trier of fact?
    • Judge credibility of witnesses?
    • Expert witnesses
    • Analyze the basis of their opinions.  (The moon is not made of green cheese.)
  • Burden of Proof – Hold me to it, but willingness to reward the appropriate side with your verdict if burden of proof is met.
  • Plaintiff goes first
    • No intention to invade privacy.
    • Listen to all the evidence of both sides.
    • Plaintiff gets the last word.
  • Willingness to award “Non” economic damages – pain and suffering.
  • Willingness to turn plaintiff away with zero
  • Willingness to award large sum if the law so provides and the numbers add up.
  • If juror is affiliated with insurance industry . . .
    • Willingness to disregard bias in favor of insurers and bias regarding evaluation of case value.
    • Although there are claims without merit, many claims with merit/value are brought
  • Jury system’s importance to the democratic process.

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