Jury Says

1. When a witness gets aggressive on cross-examination, the best course of action for the questioning attorney is to:

a) Match the witness’s tone and go toe-to-toe with them – show the jury the witness’s true colors

b) Shut it down – you do not want to get into a sparring match with a witness in front of the jury

c) Kill ‘em with kindness – maintain your composure and stay cool, calm, & collected so the jury sees you as the reasonable one and the witness loses credibilityu0003

2. When a case involves emotional or sensitive issues, the best course of action for the trial team is to:

a) Address them head on – choose your words and approach carefully, but address the elephant in the room so jurors feel their own emotional reactions have been acknowledged

b) Tread very lightly – acknowledge the emotional aspects but don’t spend too much time on them so as not to give them more credence than they deserve

c) Do not address them at all – you don’t want to go there and risk either underscoring the sympathy factor or making jurors upset

3. What is more important to a jury – facts & evidence, or the story?

a) Facts & evidence – a story is nice, but when it comes down to it, jurors need more substantive information to do their jobs

b) The story – jurors are bored and overwhelmed by facts & evidence and care more about the emotional aspects of the case narrative

c) Both! It’s important to tell a compelling story, but also to support that narrative with facts & evidence – jurors appreciate substance

d) Neither! Jurors care most about the credibility of the attorneys & witnesses

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