Liability and Damages Research Methods: Mock Trials +
A mock trial is the most common way a trial consultant evaluates the liability arguments and evaluates the damages in a civil cases. Liability and damages evaluation methodologies are designed around the parameters of the case.
The complexity of the case, the number of parties, and the damages potential are among the variables which determine the scope of the research. Research methods which involve an adversarial approach, like a mock trial, involve presenting arguments on behalf of the plaintiff(s) and defendant(s) and observing the deliberations of the mock jurors. Mock trial research most often involves jury based simulations, but other methodologies are used when the fact finders are not jurors, such as arbitrations. Magnus’ trial consultants use different approaches, depending on the type of case. The data collected from the case specific, custom designed mock juror surveys, as well as the results of their deliberations, form the basis for the report prepared by the trial consultant.
Case Strength Evaluation Research
Case Strength Evaluation Research (CSER) is Magnus’ proprietary abbreviated mock trial. The CSER evaluates the strengths and weaknesses of a case prior to mediation, arbitration, or trial and is Magnus’ most frequently used methodology. Generally speaking, in CSER formatted mock trials adversarial presentations are made on behalf of the plaintiff(s) and defendant(s) to groups of mock jurors. The mock jurors are asked to deliberate to reach a verdict in the case. Following deliberations, the trial consultant interviews the mock jurors about their impressions. Magnus uses qualitative and quantitative methodologies, that is surveys, when conducting CSER.
The flexibility of Magnus’ CSER is one of the reasons it is the “go to” mock research design; it can be scaled to fit most mock trial needs.
Case Overview Research
Magnus also uses Case Overview Research (COR) to evaluate the liability and damages for some cases when a simpler approach is typically used only in plaintiff’s cases. The format is much the same as CSER, and both constitute a mock trial in a broad sense. The degree of complexity varies, however, between the methodologies.
Mock Trial Research
At Magnus, a Mock Trial is the most comprehensive of the qualitative methods used for case evaluation when juries are involved. A Magnus Mock Trial allows lengthy presentations of plaintiff and defense cases, including live or previously recorded witness testimony. Though still abbreviated from an actual trial, a Mock Trial takes place over multiple days, the scope of which depends on the complexity of the case, and other factors. Mock jurors respond to surveys at various intervals, including evaluating witnesses which may be presented. The use of deliberations and post verdict interviews by the trial consultant are used in Mock Trials, as they are in Case Strength Evaluation Research, but all aspects of a Mock Trial are more detailed than with a CSER. Designing a mock trial involves extensive, early, discussions between the trial consultant and trial attorney.
Mock Arbitration Panel/Bench Trial
Mock Bench Trials and Mock Arbitration Panels evaluate the likely decision making process of the judge or arbitrators. Several surrogate triers of fact are utilized to provide input which forms the basis for Magnus’ feedback and recommendations. Participants render individual decisions as well as engage in group discussions. The format of these methodologies varies and takes into consideration the procedures and format of the actual trial.
Mediation Rehearsal & Coaching
Mock meditations consist of plaintiff and defense presentations to a panel of mediators who individually report their impressions of the attorney presentations and the case facts. Mediators also engage in a focused group discussion moderated by the consultant. Participating mediators are practicing mediators. Again, the trial consultant confers with the trial attorneys when designing the specifics of a mock mediation. The process allows the trial attorney to refine his or her presentation prior to presenting the case in an actual mediation. Part of the process can involve coaching to the trial attorney, based on the findings from the mock mediation.
Silhouette Jury Panel
Silhouette Jury Panels (sometimes referred to as a “shadow jury”) provide day to day analysis of a trial’s progress. Silhouette Jurors are recruited to closely approximate the characteristics of actual jurors. They observe the trial alongside the jury and form their opinions on the evidence. Daily feedback to the attorney by the trial consultant provides the attorney with an opportunity to refine his or her case to ensure the best result. Furthermore, when the real jurors are permitted to ask questions, Magnus will evaluate the nature and underlying issues raised by the jurors’ questions. A Silhouette Jury Panel is most often used when pre-trial research, such as a mock trial, has been used in order to compare and evaluate the progress of the case based on the reactions to the mock jurors used in the mock trial.
Trial Progress Evaluation
Similar to the Silhouette Jury Panel, Trial Progress Evaluation provides a day by day trial consultant analysis of the trial. In Trial Progress Evaluation, the trial is observed by one of Magnus’ Research Associates or a Trial Consultant instead of Silhouette Jury panel members.
Post Verdict Interviews
Post Verdict Interviews, when permitted by the Court, provide a wealth of information to the trial team. Determining how the actual jury reached its decision in a case can be most helpful in retrying cases which have been lost, mistried, overturned on appeal, or when a series of related cases is being tried. Post Verdict Interviews are conducted by a trial consultant who later reports the jurors’ responses to the trial team.
Verdict Perception™ (Online Mock Trial Research)
Verdict Perception™ is Magnus’ proprietary research methodology used to evaluate liability and/or damages via an online mock trial. Verdict Perception™ can be customized, depending the case specifics. This methodology involves a minimum of 2 online deliberations groups of up to 8 participants per group. The participants view plaintiff and defense case presentations (most often pre-recorded) and exhibits. Mock jurors answer survey questions and deliberate. Participants see and hear each other during deliberations in a secure research environment. The proceedings are recorded for analysis of results and client viewing. As with all of Magnus’ research methodologies, the participants are jury eligible citizens of the trial venue. Magnus prepares a written report based on the research results. As compared to live mock jury research, online research has certain limitations which Magnus’ trial consultants will discuss with the trial team.
Watch the video below to see an example of a Case Strength Evaluation Research and Mock Trial
and are registered trademarks of Magnus Research Consultants, Inc. Magnus provides Trial Consulting or Jury Consulting services for attorneys and litigants in civil lawsuits and criminal litigation. Magnus’ trial consultant services include mock trials, focus groups, online mock trials, online focus groups, online research, virtual mock jury, attitude surveys, witness preparation, jury selection/voir dire consultation, demonstrative evidence, animations, and trial presentation services. Jury research, mediations, mock bench trials, mock mediations, and mock arbitrations assist litigators and their clients by providing risk analysis for cases and evaluating case strategy options to maximize trial outcomes. Magnus is a Florida-based trial consulting firm (working in Miami, Fort Lauderdale, Broward, Boca Raton, West Palm Beach, Orlando, Tampa, Jacksonville, Fort Myers, Tallahassee, etc.), providing services nationwide.