Applied Litigation Research

Part I of Essay
Quantitative research has dominated , but it seems to lack the flexibility needed to link pretrial research to ongoing courtroom events. Participant observationis a methodology which seems more suitable for studying the dynamic environment of a trial. A 6-day civil trial is ....

Part II of Essay
.... of quantitative techniques, which is used less often, is to focus strategic themes and arguments for trial. Nonetheless, quantitative designs have been strongly criticized (Saks, 1976), in large part because they tend to fall short when used as the principle methodology to anticipate the essentially dynamic character of a trial. The tactical environment of an ongoing trial is fluid. Quantitative methodologies appear to lack the requisite flexibility to grasp the changed meaning of issues as they emerge in the courtroom. In short, once a tr ....