Rules of litigation
To really understand how the SCO vs. IBM case is likely to play out in court, its essential to understand the rules of litigation:A jury trial, on the other hand, required more analysis of the legal team and the jury. Even so, it is incredibly difficult to read a jury. The SCO vs. IBM case, due to be tried this year in Utah, will be a jury trial. Next page: How to read a jury.
- Two sides (sometimes more) go into the courtroom believing strongly that they are in the right and that justice will prevail (which translates into, "I will win").
- During the trial, each side generally will focus on things that support this belief and ignore things that dont.
- Both sides will conclude the other side is made up of liars and crooks. Both sides will carefully study the law. With the Web, that study has reached legendary proportions. Both sides will misinterpret it at least some of the time.
- Regardless of all of the effort, one side will still lose.
Trials lacking juries, like the Microsoft antitrust case, are relatively easy to call because the judge generally starts signaling early whom she, or he, believes. But you have to watch these signals with an objective eye. Ive noticed that both sides tend to report back that "the judge is on our side." Of course, only one side is doing so accurately.