Determining Damages

by Greene, Edie; Bornstein, Brian H.

• ISBN13: 9781557989741
• ISBN10: 1557989745
• Format: Hardcover
• Copyright: 2002-12-01
• Publisher: Amer Psychological Assn

Summary

Univ. of Colorado, Colorado Springs. Examines whether jurors are able to assess damages in a fair and predictable manner. Discusses the factors influencing damage assessments and the different reasoning processes jurors use to determine 'just' awards.

Author Biography

Brian H. Bornstein is an associate professor in the Department of Psychology and College of Law.

Table of Contents

Preface	xiii
Acknowledgments	xvii
Introduction	3	(26)
Characterizing Jury Damage Awards	29	(18)
I. The Issue of Identity: How Plaintiff, Defendant, and Juror Characteristics Influence Damage Award Decisions	47	(50)
Who Is the Plaintiff?	51	(12)
Who Is the Defendant?	63	(16)
Who Are the Jurors?	79	(18)
II. The Evidence: How Injury Severity and Litigants' Conduct Influence Damage Award Decisions	97	(50)
Severity and Nature of the Injury	101	(26)
The Litigants' Conduct	127	(20)
III. Decision Processes and Reforms: How Jurors Reason About Deamages and How Damage Award Decisions Might Be Improved	147	(60)
How Jurors Reason About Damages	149	(26)
Reforming Damage Award Decision Making	175	(24)
Final Remarks and Recommendations	199	(8)
References	207	(20)
Table of Authorities	227	(2)
Index	229	(8)
About the Authors	237