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To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards

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  • Valerie P. Hans
  • Valerie F. Reyna

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.

Suggested Citation

  • Valerie P. Hans & Valerie F. Reyna, 2011. "To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(s1), pages 120-147, December.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:s1:p:120-147
    DOI: 10.1111/j.1740-1461.2011.01233.x
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    Cited by:

    1. Yun‐chien Chang & Theodore Eisenberg & Han‐Wei Ho & Martin T. Wells, 2015. "Pain and Suffering Damages in Wrongful Death Cases: An Empirical Study," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(1), pages 128-160, March.
    2. Chang, Yun-chien & Chen, Kong-Pin & Liao, Jen-Che & Lin, Chang-Ching, 2023. "Ask more, awarded more: Evidence from Taiwan’s courts," International Review of Law and Economics, Elsevier, vol. 76(C).
    3. Jessica Bregant & Alex Shaw & Katherine D. Kinzler, 2016. "Intuitive Jurisprudence: Early Reasoning About the Functions of Punishment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(4), pages 693-717, December.
    4. Álvaro Bustos, 2020. "How Does Court Stability Affect Legal Stability?," Documentos de Trabajo 535, Instituto de Economia. Pontificia Universidad Católica de Chile..
    5. Brandon Garrett & Gregory Mitchell, 2013. "How Jurors Evaluate Fingerprint Evidence: The Relative Importance of Match Language, Method Information, and Error Acknowledgment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(3), pages 484-511, September.

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