What is reptile theory?
Asked by: Dr. Estel Olson Jr. | Last update: June 19, 2025Score: 4.2/5 (10 votes)
Essentially, the Reptile Approach suggests jurors should award damages to punish defendants while deterring other presumed bad actors. Sometimes, attorneys will suggest that without a “proper” verdict featuring an “appropriate” punishment, the danger facing the public will actually be worsened.
What is an example of the reptile theory?
For instance, according to Reptile Theory, it would be improper to say, “The truck driver ran the red light”, but rather “The trucker violated the public safety-rule to watch where he was going and obey traffic signals”.
What is reptile theory in insurance?
The reptile theory is a strategy, typically used by the plaintiffs' bar, to influence a jury outcome by focusing the jury's reaction to instinctively favor safety and survival of their families and community (versus plaintiff's actual injuries) by demonstrating the defendant's conduct endangers their families and ...
What is the reptile theory questioning?
Overview of Reptile Theory
[2] During depositions, reptile-based questioning frames the standard of care into a safety issue and attempts to get the deponent to admit to liability by agreeing that someone strayed from a safety rule.
What is the reptile society theory?
In summary, the reptile theory approach is to: Set up the rules for how something should be done safely to protect the public; Get the witness to say how terrible it would be for society if those rules weren't followed; Demonstrate a breach of the rules, however minor a breach; and.
Unveiling the Reptile Theory: A Deep Dive into Legal Strategy
What is the golden rule of the reptile theory?
The Reptile Theory in Litigation
In order to accomplish this, the jury must be convinced of the existence of a real and present threat of harm, so that the jurors are motivated to respond positively to the plaintiff's counsel request for a large monetary award as a means of protecting the community at large.
How do you defend against the reptile theory?
Helping jurors to identify with the wrongfully accused is a key aspect to defending against the Reptile Approach. For example, asking jurors to explain in voir dire why it is important that the burden of proof fall on the plaintiff is one way to help jurors step into the shoes of a defendant.
What is the reptile brain strategy?
Reptile strategy starts early and is developed throughout the case, so it's never too soon to begin defending yours. Reptile theory encourages the jury to focus on the acts of the defendant rather than the specific facts surrounding the individual plaintiff's injury.
What is reptile theory verdicts?
What Is the Reptile Theory and How Does It Impact Medical Malpractice Verdicts? Plaintiff's lawyers are using “Reptile Theory”—leveraging the “fight or flight” instinct in jurors—to maximize malpractice verdicts higher than ever seen before.
What is the iguana theory?
Iguanas likely arrived on the Galapagos Islands after drifting across the ocean on rafts of vegetation. Over time, some then adapted to the marine environment.
What are reptile allegations?
Reptile Theory, Defined
Rather than focusing on creating sympathy for the plaintiff (the claimant), the theory emphasizes the alleged failures of the defendant (the fleet) to keep the plaintiff and the community, including the jurors, safe.
What is the mongoose method?
The Mongoose Method is conceived to restore balance to our justice system. The goal is to beef up the arsenal of our defense bar; train our members to proactively recognize and avoid traps; educate employees and the greater business community that depend so heavily on our services.
What is a golden rule motion in limine?
A Golden Rule argument asks the jurors to place themselves in the position of the plaintiff and ask themselves how much money they would want to be willing to suf- fer the injuries that she has suffered.
What is a simple example of reptile?
Examples of reptiles are Chameleon (Tree lizard), Crocodilus (Crocodile), Alligator (Alligator), Testudo (Tortoise), Calotes (Garden lizard), etc.
What is an example of the life theory?
Some of the major theories are: The electric spark theory suggests that life began when frequent lightning struck Earth. The energy from the lightning flashes produced biomolecules. Another theory of the origin of life on Earth is that deep-sea hydrothermal vents played a vital role.
What is reptile theory safety?
Reptile formula
Ball and Keenan offer the formula: Safety Rule + Danger = Reptile. For example, a driver is not allowed to needlessly endanger the public. Drivers must drive at a safe speed. The only allowable decision is the safest available decision.
What are reptile theory questions?
During the reptile theory of questioning, the plaintiff attorney is attempting to manipulate a witness to try to get them to completely agree to some very general questions, such as safety rule questions or danger rule questions.
What is the reptile theory in litigation?
The Reptile Theory strategy hinges on jurors' so-called “reptilian” region of the mind, which is biologically sensitive to danger. The concept can be attributed to ex-theatrical director, David Ball and plaintiff attorney Don Keenan, as described in their book Reptile: The 2009 Manual of the Plaintiff's Revolution.
What is the reptile theory of personal injury?
The “reptile theory” is a trial tactic that “call[s] upon the jury to find in plaintiff's favor in order to protect the jurors themselves or their community, as opposed to properly considering whether plaintiff is entitled to damages under applicable legal standards.” Baxter v. Anderson, 277 F.
What are the 4 F's of the reptilian brain?
The Reptilian or Primal Brain
The primal brain is also in charge of, what are often referred to as, the four Fs: Feeding, Fighting, Fleeing, and… Reproduction (well, we won't use that other f-word here!).
What is the reptilian brain response to trauma?
The reptilian brain is most closely associated with body processing. Instinctive trauma responses, such as fight, flight, freeze, or startle responses, and crying for help are all examples of reptilian brain functions.
What do reptiles hate the most?
Lizards hate the smell of vinegar and lemon, while chilli powder can cause irritation to their skin, eyes and nose. Create your own vinegar, lemon and chilli powder spray to repel lizards from surfaces sprayed with this mixture. Here's how: Mix black pepper and chilli powder.
What is an example of a reptile question in a deposition?
For instance, “any person who is driving a motor vehicle beyond the posted speed limit puts other drivers on the road in danger?” Or, “it would be wrong to needlessly endanger someone, correct?” “Everyone must try to avoid increasing dangers for others, right?” From these general questions, a witness is then tricked ...
How do you chase reptiles away?
- Eggshells. Lizards hate the eggy smell so just pop a few old eggshells around areas in your home and garden where lizards are likely to be.
- Coffee. The strong smell of coffee might be irresistible to us but not to lizards. ...
- Garlic. ...
- Chilli powder.