MSaviolives said:
Many years ago I tried a case and as part of his closing argument the opposing attorney told the jury that they didn't leave common sense at the courtroom door, so they should feel free to employ it in their deliberations. The jury came back in our favor and when I later interviewed one of the jurors in the hallway, he told me that he was offended by the opposing attorney's remark. His exact words: "F*** that guy, as though we wouldn't use common sense." I have been sure to frame my appeals to common sense by saying "commons sense tells us...."
Thanks for that, I didn't know the term was so touchy. But on this forum, with nothing at stake, I'm happy to mention that I didn't go through Cal to learn common sense. I'm sure some will consider that attitude elitist, though I wish all I did learn at Cal were less uncommon.