Bar Bulletin

Bar Bulletin

Jury Economics: Make Science Stick Through Story

July 2021 Bar Bulletin

Are facts still facts? Is scientific evidence still evidence? How do we make others understand and believe? After hearing detailed presentations and expert testimony describing the chemistry behind an everyday eye-care product, one mock juror said: “I would have liked to have understood it better so I could make a more educated decision.” In the 2000s, when this patent infringement mock trial occurred, it was typical to hear jurors debate scientific evidence featured prominently in trial and mock trial presentations. While they did not always immediately understand every part of it, they viewed the science as relevant if not important to how they would decide the...

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