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For this discussion, please read the mock case below and: (1) create two different questions that you would want to ask potential jurors during jury selection (if your questions would benefit from follow-up questions, please include the follow-up questions as part of the initial question); and (2) underneath each question, please provide complete explanations as to why you believe these questions will help you find the perfect juror for your case. Discuss what particular bias or concern is at the heart of your question(s) and how it would directly impact your case either positively or negatively, etc.
You will be acting as the Defendant's attorney so please draft your questions accordingly.
CASE:
You represent the Defendant, Big Tobacco Co., against a lawsuit by the Plaintiff, a fifty year old man who is suffering from lung cancer that he believes was caused by his smoking cigarettes since he was 22 years old. The Plaintiff is seeking 60 million dollars. It has come out during discovery that the Plaintiff was aware of the warning labels of the dangers of smoking that the Defendant placed on its cigarette boxes but the Plaintiff decided to smoke anyway. The Defendant has maintained throughout the lawsuit that the Plaintiff was an adult who chose to make an informed decision to smoke cigarettes for 28 years and it was not the Defendant's fault that the Plaintiff has cancer.
The above-stated facts are sufficient in order for you to create your two different questions and explanations. One of your jury questions should NOT be: "Are you the type of person that ignores warning labels on products?". You want to ask your questions in a way that tries to get at the heart of the personality of the potential juror. So, if you want to know if they are reckless or haphazard, find a more creative way to determine their true personality.
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