Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Countering The Plaintiff’S Anchor: Jury Simulations To Evaluate Damages Arguments, Christopher Robertson, John Campbell, Bernard Chao, David Yokum
Countering The Plaintiff’S Anchor: Jury Simulations To Evaluate Damages Arguments, Christopher Robertson, John Campbell, Bernard Chao, David Yokum
Faculty Scholarship
Numerous studies have shown that anchoring strongly effects juries. For scholars and policymakers, this evidence is worrisome for the legitimacy and accuracy of jury decisions, especially in the domain of non-economic damages (e.g., pain and suffering). For litigators, this evidence had led some to believe that “the more you ask for, the more you get.” Others believe that the damage demand must pass the “straight-face” test. But little scholarly literature exist to determine whether an outrageously high request really does undermine the plaintiff’s credibility, and whether this “credibility” effect outweighs the anchoring effect.
Likewise, little scholarly attention considers whether a …