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What Are Justice Kruger’s Question Patterns When She Disagrees With the Majority in Criminal Cases?

When Justice Kruger votes with the majority in a criminal case, she follows the expected pattern, more heavily questioning the losing party.  When she joins the majority in an affirmance, she averages 2.38 questions to appellants and 1.91 to respondents.  When she joins the majority in a reversal, she averages 3.6 questions to respondents and … Continue Reading

What Are Justice Kruger’s Question Patterns When She Disagrees With the Majority in a Civil Case?

This week, we’re reviewing Justice Kruger’s oral argument question totals to see what we can infer from the data on her likely vote. Contrary to the usual pattern, Justice Kruger generally more heavily questions appellants than respondents in civil cases.  When she votes with the majority in an affirmance, she averages 5.52 questions to appellants … Continue Reading

What Are Justice Cuellar’s Question Patterns When He Disagrees With the Majority in Criminal Cases?

We determined last time that Justice Cuellar tends to more heavily question appellants than respondents in civil cases regardless of how the majority is leaning.  This time, we’re looking at the data for criminal cases. Unlike civil cases, when Justice Cuellar joins the majority in criminal cases, he follows the expected pattern – he more … Continue Reading

What Are Justice Cuellar’s Question Patterns When He Disagrees With the Majority in Civil Cases?

For the past few weeks, we’ve been reviewing individual Justices’ questioning at oral argument in civil and criminal cases since the Court first started posting argument videos in 2016.  The question is this: if as a general matter, the party likely to lose the case gets more questions at oral argument, can we use argument … Continue Reading

What Are Justice Liu’s Question Patterns When He Disagrees With the Majority in Criminal Cases?

Today, we’re concluding our review of Justice Liu’s patterns in oral argument with a look at the criminal cases he’s participated in. You’ll recall that Justice Liu did not follow the usual pattern even when in the majority in civil cases – he questioned the respondent more heavily regardless of the eventual result.  The data … Continue Reading

What Are Justice Liu’s Question Patterns When He Disagrees With the Majority in Civil Cases?

This week, we’re reviewing Justice Liu’s question patterns.  As before, our purpose is both to determine whether Justice Liu follows the overall trend when he’s in the majority – more heavily questioning the party that will lose – but also what happens when Justice Liu is dissenting.  Does he more heavily question the party that … Continue Reading

What Are Chief Justice Cantil-Sakauye’s Question Patterns in Criminal Cases When She Disagrees With the Majority?

When the Chief Justice joins an affirmance in criminal cases, she averages 3.49 questions to appellants and 1.53 questions to respondents.  When she joins the majority in a reversal, she averages 3.22 questions to respondents, 2.68 to appellants.  When she joins the majority in a split decision, she averages 4.23 questions to appellants, 1.55 to … Continue Reading

What Are Chief Justice Cantil-Sakauye’s Question Patterns in Civil Cases When She Disagrees With the Majority?

A few weeks ago, we established that court-wide, the party which is likely to lose tends to get the most questions in oral argument.  Now, we’re investigating individual Justices’ records – when the Justice agrees with the majority, does he or she follow the usual pattern, and when he or she doesn’t agree, does the … Continue Reading

What Are Justice Corrigan’s Question Patterns When She Disagrees With the Majority in Criminal Cases?

Today we’re reviewing Justice Corrigan’s questioning data in criminal cases. When Justice Corrigan agrees with a criminal affirmance, she more heavily questions the losing appellants – 6.97 to appellants, 2.11 to respondents.  When Justice Corrigan wants to reverse but the majority is affirming, she concentrates on the respondents – 18 questions to respondents, 1 to … Continue Reading

What Are Justice Corrigan’s Question Patterns When She Disagrees With the Majority in Civil Cases?

For the last two weeks, we’ve been looking at the Supreme Court’s question patterns at a court-wide level.  We reviewed the academic literature studying oral argument questions at the U.S. Supreme Court, which has concluded that the party which will lose averages the most questions.  We then reviewed the year-by-year data at the California Supreme … Continue Reading

Can You Predict a Split Decision in Criminal Cases at the California Supreme Court After Oral Argument?

Now we turn to the data for the criminal docket.  In outright reversals, respondents averaged more questions than appellants in three of five years between 2016 and 2020 – 2016, 2018 and 2020. We mentioned in a previous post that there was some indication – notwithstanding the tiny data sets – that partial reversals might … Continue Reading

Can You Predict a Split Decision in Civil Cases at the California Supreme Court After Oral Argument?

Last week, we reviewed the academic literature on oral argument analytics and compared the data on oral arguments at the California Supreme Court.  Last week, we aggregated the data on reversals – reversals plus partial reversals (“affirmed in part, reversed in part”).  This week, we’re checking if the oral argument data is any different for … Continue Reading

Can a Winner Be Predicted In California Supreme Court Criminal Case Oral Arguments?

Yesterday, we surveyed the academic literature in oral argument analytics and then reviewed the data for 2016-2020 civil cases from the Supreme Court.  Today, we’re looking at the criminal docket. Between its earliest posted arguments in 2016 and the end of August, the Court asked 8,256 questions in criminal, quasi-criminal, juvenile and mental health matters: … Continue Reading

Can a Winner Be Predicted In California Supreme Court Civil Case Oral Arguments?

Today, we begin a new subject in our ongoing analytics study of the Court’s decision making – oral arguments.  Although the academic community has been producing analytics studies of appellate decision making for a century, the analytics study of oral arguments is a much more recent development. [We repeat the next five paragraphs for the … Continue Reading

What Kinds of Civil Constitutional Law Cases Does the Supreme Court Decide (Part 2 – 2005-2019)?

Between 2005 and 2019, the Supreme Court decided 53 civil constitutional law cases.  Thirty-two of those cases involved challenges to state government actions.  Ten cases involved claims of individual rights.  Seven cases involved civil procedure and judicial issues.  Finally, four cases related to challenges to local government actions. Join us back here next Thursday as … Continue Reading

What Kinds of Civil Constitutional Law Cases Does the Supreme Court Decide (Part 1 – 1990-2004)?

In the past two weeks, we’ve taken a deeper look at the Supreme Court’s cases in two areas of law, asking which sub-areas those cases fall in.  Today, we’re moving on to another subject – civil constitutional law cases. Between 1990 and 2004, the Supreme Court decided ninety-six civil constitutional law cases.  Just short of … Continue Reading

What Kinds of Insurance Cases Did the Supreme Court Decide (Part 1 – 1990-2004)?

Last week, we drilled down on the Supreme Court’s tort cases, looking year by year at what sub-areas of tort law produced the Court’s cases.  This week, we’re doing the same thing for the Court’s docket of insurance cases.  We’re dividing the field of insurance law into six sub-areas: coverage; separate torts against insurers (outside … Continue Reading

What Kinds of Insurance Cases Did the Supreme Court Decide (Part 2 – 2005-2019)?

Between 2005 and 2019, the Supreme Court decided only 29 insurance cases – far fewer than in our first 15 years.  Fourteen of those cases involved coverage questions (although four of those fourteen fell in a single year – 2005).  Three involved insurer torts, four dealt with exclusions, only two addressed defenses, three related to … Continue Reading

What Kinds of Tort Cases Does the Supreme Court Decide (Part 2 – 2005-2019)?

Between 2005 and 2019, the Supreme Court decided 73 tort cases (a sharp reduction from the 137 tort cases decided in the preceding 15 years).  The most frequent sub-area in the docket was once again duty, which accounted for 31 cases (but none in 2006, 2010, 2015 or 2019).  There were 25 cases involving tort … Continue Reading

What Kinds of Tort Cases Does the Supreme Court Decide (Part 1 – 1990-2004)?

For the past few months, we’ve been taking a detailed look at the Court’s results record and the individual Justices’ voting records in various areas of the civil and criminal law.  Today, we begin a new series of posts drilling down on that earlier project to specific sub-areas of law.  What are the sub-areas within … Continue Reading

How Has Chief Justice Cantil-Sakauye Voted in Employment Law Cases?

Since joining the Court, Chief Justice Cantil-Sakauye has participated in 28 employment law cases.  She has voted for defendants’ position in a dozen cases and voted against defendants 16 times.  Between 2011 and 2015, she voted for defendants in seven of fourteen cases.  Between 2016 and 2019, she voted for defendants in five of fourteen … Continue Reading
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