Create a Decision Tree

To create a decision tree, answer the questions below. If you need help, contact us.

  1. What is the name of your tree?

  2. What are the odds that the defense will win summary judgment on all claims and successfully defend that ruling on appeal?

  3. Assume the case goes to trial. What are the odds that the jury will return a verdict for the plaintiff on at least some of the plaintiff’s claims?

  4. Now assume a verdict for the plaintiff on some or all of the plaintiff’s claims. What is the range of likely awards? Condense all of the possible awards into three possibilities: a modest award ("Low"), a solid award ("Medium"), and a generous award ("High"). For each, include whatever kinds of damages (e.g., back pay and other economic losses, emotional pain and suffering, punitive damages) you think the plaintiff would recover in each instance, but do not include attorney’s fees. Enter the likely amount of each award, along with the percentage chance that you think each would occur.

    Remember, the three percentages must add up to 100%.

  5. If there were a plaintiff’s verdict, would the plaintiff be entitled to an award of costs and attorney’s fees? If so, how much would you expect the court to award for time and expense incurred until now? Do not include future time or expenses, since these haven’t been incurred yet.