Search for: "Standard Jury Instructions-Civil Cases"
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7 May 2020, 10:25 am
The defendant subsequently filed a motion for relief alleging ineffective assistance of counsel claim based on his trial counsel’s failure to request a jury instruction on the definition of “unlawful” in the context of trafficking by possession or an instruction that possession pursuant to a valid prescription was a defense to trafficking in possession. [read post]
27 Dec 2017, 5:00 am
Here is the annual 2017 Tort Talk Top Ten--an annual listing of notable cases and important trends in Pennsylvania civil litigation law over the past year as highlighted in Tort Talk blog posts:1. [read post]
20 Feb 2015, 5:00 am
Judges are lawyers like us and know when their questions are not being answered, so don't even try it.Mimic Jury Instructions in Your Closing ArgumentWhen preparing for a closing argument at trial, don't forget to review the jury instructions, standard or otherwise, that you know or can reasonably anticipate will be utilized by the court. [read post]
22 Mar 2011, 6:12 am
Some of you may be aware that in civil cases jurors are told that it’s only necessary to prove that a fact is more likely true than not true. [read post]
25 May 2016, 1:39 pm
In civil rights cases plaintiff typically uses statute called section 1983. [read post]
25 May 2016, 1:39 pm
In civil rights cases plaintiff typically uses statute called section 1983. [read post]
25 May 2016, 1:39 pm
In civil rights cases plaintiff typically uses statute called section 1983. [read post]
24 Feb 2008, 1:33 pm
Examples of Federal Legislative Failures Examples of federal failures include inadequate jury instructional rules; sequestering jurors until they reach a verdict; unlegislated speedy trial provisions and case disposition standards; inadequate preliminary hearing standards; prosecutorial disclosure and rules governing counsels' addresses to the jury - to name a few. [read post]
22 Jul 2021, 6:09 am
The two charges were supported by separate and distinct sexual acts, and the jury instructions and verdict sheets clearly indicated the jury was unanimous as to each of those charges; therefore, the trial court did not err in imposing consecutive sentences for the two offenses. [read post]
29 Mar 2013, 12:58 pm
I'm not sure what to make of this case.On the one hand, I agree that the jury instructions in the case seemed a bit confused. [read post]
14 Jun 2018, 11:20 am
If you are facing a domestic violence case, a skilled Washington civil protection order attorney can help. [read post]
14 Jun 2011, 10:33 am
Sherman Health Systems, No. 108182-- Does the Illinois pattern jury instruction on professional negligence (Civil No. 105.01) correctly state the applicable standards? [read post]
19 Nov 2020, 9:19 am
At trial, the defendant requested a jury instruction on the defense of justification. [read post]
7 Mar 2020, 7:24 am
These jury instructions are a standard part of our judicial system and both inform the jury of the legal standards for reaching a verdict and how they must apportion responsibility in civil cases. [read post]
3 May 2018, 3:48 am
Most civil court proceedings also use the “preponderance of the evidence” standard. [read post]
31 Mar 2014, 4:36 pm
Present Legal Standard for Personal Injury Causation Under the Laws of the State of California All of the prior “BAJI” instructions were re-drafted into the present jury instructions entitled, California Approved Civil (Jury) Instructions (aka “CACI” Instructions). [read post]
21 Jan 2020, 4:20 am
It likewise recommends requesting a special jury instruction on the issue—something NC defenders will likely need to do until the pattern instruction for this offense is released (which I’m told will be soon). [read post]
11 Jul 2014, 6:00 am
Surely, it is only a matter of time before this rule of admissibility is also tested in the civil litigation context.The expectation is that courts addressing the issue of the admissibility of this automobile black-box information in the context of the less stringent standards applicable to civil litigation matters would find such evidence to be admissible.Open QuestionsIn addition to the test of admissibility, there may also arise questions as to how such black-box… [read post]
20 Nov 2021, 9:34 am
(One way this could happen is that the standard for criminal negligence in criminal cases is generally higher than for civil negligence, though in this case the jury instructions didn't seem to reflect that.) [read post]
12 Oct 2008, 10:56 pm
A unanimous three-judge panel of California's 4th District Court of Appeal found that the evidence introduced at trial was sufficient to support the jury's verdict, and that an erroneous jury instruction by the trial judge did not require setting the verdict aside. [read post]
