Title

An Experimental Investigation of Procedural Issues in Complex Civil Tort Trials

Document Type

Article

Publication Date

6-1990

Publication Source

Law and Human Behavior

Volume

14

Issue

3

Inclusive pages

269-286

DOI

10.1007/BF01352753

ISBN/ISSN

0147-7307

Abstract

An investigation of the impact of innovations in civil trial procedure manipulated trial structure (unitary vs. separated trial issues), order of decisions (liability or causation first), and number of decisions made (one to four) in a simulated toxic tort trial. Juries gave verdicts and damage awards. Recordings were made of the juries' deliberations. The results showed significantly more verdicts in favor of the plaintiffs in unitary trials (causation, liability, and damages heard together) as opposed to separated trials. However, average damage awards were higher in the separated than in the unitary trial conditions. Juries assigned more responsibility to the defendant in the unitary trial. Juries also used the totality of the evidence to decide all issues, especially general causation, which contained the most ambiguous testimony. The performance of these simulated juries in complex litigation was discussed in terms of group and individual cognitive factors.

Disciplines

Psychology

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