Archives: Oral Argument Question Patterns

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What Can Individual Justices’ Questioning Reveal About the Decision – Criminal Cases 2018

Last time, we reviewed the Court’s oral arguments in criminal cases at the macro level – data on the whole court.  This time, we’re going micro – what can we predict about individual Justices’ votes and writing based on the oral arguments? In Table 1024, we report average questions per Justice in criminal cases.  All … Continue Reading

Is the Party Getting More Questions Likely to Lose – Criminal Cases 2018

In our next two posts, we’re reviewing the data for the Court’s oral arguments in criminal cases during 2018. In all, the Justices asked 1,103 questions of appellants and 896 of appellees. That works out to 22.06 questions to the appellant, and 17.92 to the appellee. We’ve shown before that most argument analytics studies have … Continue Reading

What Can Individual Justices’ Questioning Forecast About the Result – Civil Cases 2018

Justices Cuellar and Liu were the most frequent questioners during civil cases in 2018.  Justice Cuellar averaged 5.42 questions of appellants, 5.94 of appellees and 0.48 in rebuttals.  Justice Liu averaged 4.33 of appellants, 6.15 of appellees and 1.24 in rebuttals.  Justice Corrigan averaged 2.42 questions in appellants, 2.18 of appellees and 0.64 in rebuttals.  … Continue Reading

Is the Party Getting More Questions Likely to Lose – Civil Arguments 2018

This time, we’re looking at the oral arguments in civil cases in 2018.  For new readers, you can review the history of data analytics for oral arguments here. For civil cases decided last year, the Court asked 958 questions of appellants and 889 of appellees – an average of 29.03 questions to appellants and 26.94 … Continue Reading

Does the California Supreme Court Average More Questions to the Losing Side?

Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts.  Every researcher to date – including us in our study of the Illinois Supreme Court 2008-2016 – found that getting more questions than your … Continue Reading

Blog Post No. 1,000: Comparing Oral Argument in the California and Illinois Supreme Courts

Today marks the milestone of my 1,000th blog post since Appellate Strategist began publishing on February 23, 2010. I thought we’d do a first today: comparing the two Supreme Courts we study in the same post.  Specifically, since I’ve had the honor of appearing at both the California and Illinois Supreme Courts, I thought we’d … Continue Reading
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