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In the early 1980's, some marketing research
professionals discovered that litigation was to judges and juries
what marketing was to consumers and trade. As a result, they began
to expand their knowledge and experience in dealing with human
perceptions, attitudes and behavior in the courtroom. IMI Inc.
was one of those innovators in the field, and remains on the cutting
edge of litigation support research. IMI Inc. is a member of the
California Association of Trial Lawyers.
Each case assignment is approached from an
ad-hoc orientation, with the final research/consulting designing,
budget and timing geared appropriately to the individual situation.
One or more focal points of a project assignment
can include:
- How to select the right jurors.
- How to prepare for witness testimony.
- What relevant juror perceptions, attitudes
and behavior are generated by specific case elements and issues.
- How to best develop and present case elements
and issues to jurors; for example making opening statements,
presenting witness testimony, deciding when to present rebuttal
testimony, conducting cross-examination, making effective closing
arguments, etc.)
- How to deal with anticipated arguments of
opposing counsel.
- Expert witness (Consultant) testimony.
- Some or all of the above.
IMI Inc. assists with litigation through various
types of support, including:
- Consulting assistance by examining the briefs
and delivering our expertise at different levels of trial development.
- Primary research among potential jurors.
- Trial Simulation
- Primary or secondary research in consumer,
commercial, industrial or socio-political markets may be appropriate.
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Jury Trial Simulation
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Purpose
- Pre-test prosecution/defense
arguments and rebuttals.
- Establish critical issues,
potential juror perceptions and attitudes.
- Modify positions/strategies
in response to trial development.
IMI Jury Trial Simulation uses
a mock jury recruited based on the demographics and psychographics
anticipated in actual jury selection. Sessions are taped and monitored
via one-way mirrors or closed circuit TV. Attorneys present arguments
in a simulated court event. Then, reactions of the mock jurors
are identified and analyzed, and appropriate strategies are developed.
Actual trials may be monitored, or transcripts may be used in
the simulations. Projects are custom designed to meet the needs
of individual cases, and sessions may be conducted at existing
facilities in one or more geographical areas throughout the metropolitan
U.S.
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JURY TRIAL
SIMULATION PROCEDURES |
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Basic Attorney/Consultant Conference
- Isolating the nature and scope of the issues.
- Anticipating/planning variables of the case
- Defining the demographics and lifestyle of the mock jury.
- Planning the scenario of the simulation using the research
facilities with or without transcripts or using the actual courtroom
trial.
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Mock Trial Program Scenario
- Recruitment of the Mock Jury (Consultant)
- Trial Simulation at Research Facility (Consultant)
- Introduction to the Jury (Consultant)
- Presentation of Arguments (Attorney)
- Establishing Juror Perceptions and Attitudes (Consultant)
- Presentation of Contingency Arguments
- Attorney/Establishing Changes in Juror Perceptions
and Attitudes (Consultant)
- Analysis of Data (Consultant)
- Presentation of Report (Consultant)
- Summary Description of Juror Perceptions, Attitudes, Changes
- Conclusions
- Recommendations
- Discussion of the Implications (Consultant/Attorney)
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Courtroom Attendance During Actual Trial
- Recruitment of the Mock Jury
- Jury Introduction at Research Facility (Consultant)
- Monitoring of Actual Trial Segment (Consultant/Jury)
- Meeting at Facility to Review Perceptions and Attitudes
(Consultant)
- Analysis of Data (Consultant)
- Presentation of Report (Consultant)
- Summary Description of Mock Juror Attitudes and Perceptions
- Conclusions
- Recommendations
- Discussion of the Implications (Consultant/Attorney)
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