2200500024_e93db99b61_zLast week, we looked at whether the level of disagreement on the Illinois Supreme Court affects the average number of questions at oral argument. Today, we begin our analysis of the central question addressed in most of the previous scholarship: does the losing side tend to get the most questions?

For the entire period from

327122302_bbc4a3935b_zYesterday, we addressed the data on average questions asked to each side by the Illinois Supreme Court in unanimous and non-unanimous cases. We concluded that there was no evidence that disagreement on the Court had a consistent effect in either direction on the total number of questions.

But of course, “non-unanimous” is an aggregate statistic,

4555108439_c3aba7565b_zLast week, we began our analysis of questioning patterns on the Court by addressing the most basic question of all: which side gets the most questions? Today, we address a related question: does it matter if there is disagreement on the Court?

Certain theories about the role of oral argument in appellate decision making would

3392883329_00b509024e_zToday, we begin our analysis of the questioning patterns in civil cases at the Illinois Supreme Court.

But first, a few ground rules to govern our inquiry. Data is always assigned to the year in which the case was decided, not the date of its argument. Therefore, the data for 2008 will always be incomplete,

7157055718_4bc129954f_zWith one seat on the Court switching from Democratic to Republican hands as a result of the 2004 election, a centrist majority of Chief Justice Thomas, Garman and Karmeier began to emerge, often joined by Justice Fitzgerald. As a result, with the exception of 2006 (when the unanimity rate abruptly dipped to 57.4%), the Court