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Business Litigation Demystified Discussion Guide
Diane Cafferata
April 2023 978-1-7349761-2-0DESCRIPTION:
More than ever, a reasonable understanding of the U.S. litigation process has become a source of advantage for businesspeople doing business within the United States. The well-rounded business executive has a meaningful role to play in the proper selection of counsel and the steps the company takes to escalate or diminish a brewing dispute. In-house counsel, outside counsel, and the company itself will benefit from business executives and managers that are informed about, and able to engage productively in supervising, the litigation effort.
Business Litigation Demystified (2020) provides a user-friendly, practical overview of the U.S. litigation process. It enables the business executive or student to better understand - and deal with - the threats and opportunities that are presented by litigation.
Business Litigation Demystified Discussion Guide is designed to facilitate the use of Business Litigation Demystified in an undergraduate or graduate business curriculum, or in a business litigation course for law students who may not plan to specialize in litigation themselves. It contains practical, engaging business litigation questions that inspire students to analyze, compare, criticize, and apply the key lessons of Business Litigation Demystified. Answers are provided at the end of each chapter to stimulate lively classroom discussion.
EXCERPT:
Exercise 3.
Continuing to act in your roles as Zerxon’s and Abalone’s lawyers, come up with a suitable voir dire question (complete with follow-up) that would help you determine whether a juror seems sympathetic to your case and your client.
For example, as Zerxon’s lawyer, you might be looking for jurors that value intellectual property rights, that are entrepreneurs or have entrepreneurial spirit and values, or that are rule-followers. By the same token, you might be leery of jurors that are unemployed or unsuccessful (on the theory that such jurors may be more sympathetic to Abalone), of jurors who have a sense of entitlement, or of jurors with a family member whose business went under due to a falling out with a business partner.
Similarly, as Abalone’s lawyer, you might be looking for jurors that would be sympathetic to your case and client, such as individuals who are heavily reliant on others for their support, tend to root for the underdog, or dislike big corporations. You might also be interested in entrepreneurs, but for different reasons. As Abalone’s lawyer, you would probably want to avoid those you perceive as highly disciplined and used to a strict rule-based atmosphere, such as military personnel, as well as people who believe intellectual property is important to protect.
The questions should be framed as general questions that elicit the background, values, and attitudes of the jurors. They should not use lawyerly terms that may not be familiar to jurors. The questioning will happen in front of the other jurors and will subtly educate them on the themes of the questioner’s client.