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Case Order Effects in Legal Decision-Making.

Paul Troop1,2, David Lagnado1

  • 1Psychology Department, University College London, London WC1E 6BT, UK.

Behavioral Sciences (Basel, Switzerland)
|September 27, 2025
PubMed
Summary
This summary is machine-generated.

Case order effects influence legal decisions, impacting consistency and precedent. These effects were asymmetric and unexpectedly directed, challenging existing legal decision-making theories.

Keywords:
decision-makingexperimental legal psychologyforensic psychologyjury decision-makinglegal psychologymoral decision-makingneurolaworder effectspsychology and lawtrolley problems

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Area of Science:

  • Psychology
  • Law
  • Behavioral Economics

Background:

  • Case order effects are documented in moral psychology but understudied in legal contexts.
  • Legal systems emphasize consistency and precedent, making order effects a critical area for investigation.

Purpose of the Study:

  • To investigate the presence and nature of case order effects within legal decision-making.
  • To determine if psychological order effects extend to legal judgments and their implications for legal consistency.

Main Methods:

  • Five studies (N=1023) presented participants with pairs of legal cases (positive and negative in isolation).
  • The order of case presentation was manipulated (positive-negative vs. negative-positive).
  • Included civil and criminal cases, with both individual and group decision-making.

Main Results:

  • Case order effects were observed in legal decisions, mirroring findings in moral psychology.
  • Effects were asymmetric: responses to one case were stable, while the other was labile based on presentation order.
  • A novel finding showed labile case responses became less similar to preceding cases, contradicting existing theories.

Conclusions:

  • Case order effects are readily triggered in legal decision-making, potentially influencing legal precedent.
  • The asymmetric and novel direction of these effects challenges consistency-based theories and only partially aligns with salience-based theories.