Search for: "Standard Jury Instructions Civil Cases"
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20 Jun 2014, 1:42 am
Last month, an Okeechobee, Florida jury went a little further, awarding a Sanford man over $11 million in damages in a civil lawsuit against the Okeechobee Eagles Aerie #4137. [read post]
5 Jul 2022, 9:06 pm
Kruse a complex criminal case. [read post]
7 Apr 2013, 9:01 pm
Rather, it remanded the case to the Oregon Supreme Court to determine whether there had been a procedural-due-process violation in the trial judge’s instructions to the jury. [read post]
25 Mar 2015, 9:00 am
In particular, as noted in California Civil Jury Instruction (“CACI”) Number 200, the elements of a crime in a criminal case must be proven beyond a reasonable doubt while in a civil case the plaintiff’s burden of proof is a less-stringent “more likely true than not true” standard. [read post]
3 Dec 2008, 2:28 am
It found that the jury instruction had contained errors, and thus ran afoul of a state jury instruction standard dating back decades - that is, a judge’s failure to give a proposed instruction will not be overturned if the instruction was not "clear and correct in all respects…and altogether free from error. [read post]
9 May 2024, 9:32 am
In this Davie County case, defendant appealed his conviction for felony cruelty to animals, arguing error in (1) denying his motion to dismiss because a single kick to a dog could not constitute “cruelly beat” and (2) failing to instruct the jury on the lesser-included offense of misdemeanor cruelty to animals. [read post]
7 Jan 2010, 2:18 pm
(As a practical matter, at a criminal trial, that's about all that a Georgia judge will instruct a jury about concerning the burden of proof. [read post]
3 Jan 2014, 6:00 am
Products LiabilityIn a case of paramount importance to civil litigators, the Pennsylvania Supreme Court heard argument in Tincher v. [read post]
6 Jun 2013, 10:00 am
Applying the normal civil standard for harmless error, the Court held “we will not base reversible error on the possibility that a juror might act irrationally, which a correct instruction cannot prevent. [read post]
6 Sep 2013, 9:04 am
Judges instruct jurors to decide civil cases element by element, with each element decided on a more-probable-than-not basis. [read post]
7 Jul 2021, 9:52 am
Summaries are also posted to Smith’s Case Compendium, here. [read post]
24 Feb 2022, 12:53 pm
In companion cases Ruan v. [read post]
17 Oct 2017, 11:18 am
Thus, because they failed to object before the verdict was accepted and the jury was dismissed, they forfeited all but plain error, which is especially difficult in civil cases. [read post]
13 May 2009, 2:21 am
The Court stated that a jury instruction quoting § 1-12-601 does not provide the same clarity as instructions based on Wyoming Civil Pattern Jury Instructions 14.02 and 14.03. [read post]
25 Sep 2014, 11:06 am
In response, proposed Rule 37(e)(2) “eliminates the circuit split on when a court may give an adverse inference jury instruction for the loss of ESI” and adopts a heightened standard for the level of culpability necessary to issue an such an instruction. [read post]
30 Nov 2023, 10:57 am
Specifically, she argued the trial court’s jury instruction on the preponderance-of-the-evidence standard applicable in civil cases was an incorrect statement of law that required a new trial of the case. [read post]
18 Mar 2020, 10:29 am
They are used to setting the rules and standards—and having others comply. [read post]
22 Oct 2014, 9:34 pm
Rather, the district court at most clarified its previous construction that was already present in the jury instructions. [read post]
24 Jun 2012, 2:51 pm
After reviewing the pertinent case law, as well as the Pennsylvania Suggested Standard Civil Jury Instruction 7.90 ("Other Contributing Causes"), Judge Nealon ruled that evidence of previous medical complaints must be sufficiently connected to the complaints at issue so as to raise an inference of the existence of related pre-existing conditions; where such a connection is not established through expert… [read post]
22 Mar 2015, 7:15 pm
Similarly, the same pattern jury instructions on demeanor seldom do more than ask jurors to speculate about a witness’s demeanor by instructing them to merely observe “the manner of the witness” while testifying. [read post]
