Tales Of Doom And Gloom Can Help Win Cases

Law360, New York (April 19, 2017, 4:05 PM EDT) -- The use of negative themes in legal briefs may be more effective in swaying judges than positive ones, but could have the potential to backfire and shift the needle in the wrong direction, according to a paper published Tuesday.

Following an experiment involving more than 160 judges, University of Wyoming College of Law professor Kenneth D. Chestek examined the effects of negativity bias by judges and how negative arguments presented by certain sides impact a court case.

Chestek concluded that if a party has strong facts,...
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