Document Type

Article

Publication Date

12-2011

Keywords

Civil juries, Jury damage awards, Damages, Jury decision-making

Disciplines

Civil Law | Courts | Torts

Abstract

This article offers a new multistage account of jury damage award decision making. Drawing on psychological and economic research on judgment, decision making, and numeracy, the model posits that jurors first make a categorical gist judgment that money damages are warranted, and then make an ordinal gist judgment ranking the damages deserved as low, medium, or high. They then construct numbers that fit the gist of the appropriate magnitude. The article employs data from jury decision-making research to explore the plausibility of the model.

Publication Citation

Published in: Journal of Empirical Legal Studies, Vol. 8, Special Issue (December 2011).