Jury Says - Magna Legal Services

1) Which of the following is most accurate when a jury consultant is assisting with witness preparation?
- a. A lawyer on the trial team must be present in the room when a jury consultant is assisting with witness preparation.
- b. It is a good practice to have a lawyer present in the room whenever possible but it is not mandatory.
- c. A lawyer does not need to be present in the room when a jury consultant is assisting with witness preparation.
- d. A lawyer needs to seek permission of a judge to allow a jury consultant to assist with witness preparation.
2) Which of the following is most accurate when a jury consultant is assisting with jury selection?
- a. A jury consultant is never allowed to sit at counsel table during jury selection.
- b. A jury consultant is generally permitted to sit at counsel table during jury selection subject to the discretion of the judge.
- c. A jury consultant is generally permitted to sit at counsel table during jury selection only if opposing counsel agrees.
- d. A jury consultant is permitted to sit at counsel table during jury selection whenever he/she wants to.
3) Which of the following is most accurate when a jury consultant is conducting electronic background surveillance of prospective jurors?
- a. A jury consultant is always permitted to connect with a prospective juror on social media (e.g., Facebook, Twitter, LinkedIn, etc.) in order to gather information.
- b. A jury consultant is permitted to connect with a prospective juror on social media (e.g., Facebook, Twitter, LinkedIn, etc.) in order to gather information only with the permission of the judge.
- c. A jury consultant is permitted to connect with a prospective juror on social media (e.g., Facebook, Twitter, LinkedIn, etc.) in order to gather information only if the jury consultant agrees to not use any information other than for jury selection.
- d. A jury consultant is generally permitted to gather information on a prospective juror using social media (e.g., Facebook, Twitter, LinkedIn, etc.) only if they do not connect with the prospective juror and in some jurisdictions leaves no electronic “footprint” of their searches.
4) Which of the following is most accurate when a jury consultant is conducting online surveys and focus groups?
- a. A jury consultant can conduct online surveys and focus groups only after obtaining permission from the judge in the case.
- b. A jury consultant can conduct online surveys and focus groups only after obtaining permission from opposing counsel in the case.
- c. A jury consultant can conduct online surveys and focus groups only if he/she can insure they will not or have not unfairly tainted the venue with misinformation about the case.
- d. A jury consultant can conduct online surveys and focus groups generally whenever they want subject to any court rules that may prohibit or limit conducting pretrial jury research in the venue.

Jury Says 2020 Q1

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