The Power of Jury Instructions: Evidence from EEOC Cases

28 Pages Posted: 4 Sep 2019

See all articles by Matthew Reid Krell

Matthew Reid Krell

University of Alabama - Department of Political Science

Date Written: August 27, 2019

Abstract

Jury instructions are the last opportunity American litigants have to get input from the court as to their case’s strength. Thus, processes surrounding jury instructions are an opportunity for the parties to settle. But the ways jury instructions affect litigants are completely unstudied. I review 80 jury instructions documents from 30 EEOC enforcement actions between 1996 and 2006, and find some tentative evidence that a court’s preference for one party on instructions about the merits could lead to an outcome in that party’s favor. Where the court does not take a clear stance, the case may be likely to settle.

Keywords: Jury Instructions, Civil Procedure, Trial Courts, EEOC Litigation Project

JEL Classification: K41, K31

Suggested Citation

Krell, Matthew Reid, The Power of Jury Instructions: Evidence from EEOC Cases (August 27, 2019). Available at SSRN: https://ssrn.com/abstract=3443926 or http://dx.doi.org/10.2139/ssrn.3443926

Matthew Reid Krell (Contact Author)

University of Alabama - Department of Political Science ( email )

Box 870213
Tuscaloosa, AL 35487-0213
United States

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