Search for: "Standard Jury Instructions Civil Cases"
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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]
15 Jan 2020, 11:41 am
Only after making those factual determinations does the judge or jury apply those facts to the allegations and the correct legal standard to determine whether the allegations are sufficiently supported. [read post]
9 Jan 2020, 5:00 am
July 19, 2019), the Pennsylvania Superior Court held that the Lehigh County Court of Common Pleas did not commit any error in a products liability case when it instructed the jury on both the consumer expectation test and the risk-utility test that the Pennsylvania Supreme Court established in the case of Tincher v. [read post]
24 Dec 2019, 4:30 pm
While a jury determines the key issues in a case, the judge determines what evidence each party is permitted to introduce to the jury and what guidance and instructions the jury receives. [read post]
20 Dec 2019, 8:49 am
Two issues occupied most of the justices’ time at oral argument: whether courts should play a role in partisan-gerrymandering cases at all and, to a lesser extent, if so, what standard should be used to determine whether partisan gerrymandering has occurred. [read post]
4 Dec 2019, 11:00 pm
Jury nullification also exists in civil cases but is relatively uncommented-on. [read post]
4 Dec 2019, 11:00 pm
Jury nullification also exists in civil cases but is relatively uncommented-on. [read post]
31 Oct 2019, 5:59 am
The last point is the result of three things: Civil lawsuits largely take too long; the executive branch controls criminal enforcement mechanisms; and Congress itself lacks any real enforcement mechanism—short of reviving its long-dormant authority to arrest people, which itself would pose a number of legal and practical problems. [read post]
25 Oct 2019, 10:00 am
{At the hearing, the court further pressed the State's counsel on what kinds of proof would be necessary to prove a criminal defamation case before a judge (since individuals prosecuted for criminal defamation have no right to a jury). [read post]
16 Oct 2019, 2:33 pm
Criminal Charges Brought Against the Defendant Dentist and Disposition of the Case: The defendant dentist in this case entered into a plea bargain with the Federal government and agreed to waive his right to an Indictment. [read post]
15 Oct 2019, 7:25 am
CIVIL STANDARD JURY INSTRUCTION §202.2. [read post]
13 Oct 2019, 7:20 pm
But the trial court's state-law jury instructions imposed a higher burden of proof for Zarda than federal law requires. [read post]
2 Oct 2019, 10:21 am
After deliberations, only 10 of the jury members found that the government had proven its case. [read post]
2 Oct 2019, 9:20 am
” Finding no case precedent addressing the appropriate standard of review for the hybrid procedures used at trial, the appellate court held that it would “review the trial court’s order based upon the standards of review as set forth for findings of fact in criminal cases regarding motions to suppress and motions for a new trial. [read post]
1 Oct 2019, 6:14 am
The trial court then brought the jury back into the courtroom, instructed the jurors not to consider Defendant’s absence in weighing the evidence or determining guilt, and allowed the State to continue to present its case. [read post]
20 Sep 2019, 12:06 pm
” These are standard executive branch positions over many administrations and they should control here. [read post]
30 Aug 2019, 3:00 am
The details of the case include a $4 million payment shunted through a secret offshore account to Skadden and a bungled wiretap by a suspected Russian intelligence asset nicknamed “the angry midget. [read post]
2 Aug 2019, 11:00 am
(This is an IJ case. [read post]
17 Jul 2019, 9:01 pm
But the justices did not agree on the standard for proving impossibility preemption. [read post]
13 Jul 2019, 6:07 am
Additionally, as the jury found the Board liable under both an arbitrary-and-capricious standard and a willful-indifference standard, the court found the challenged instruction could not have affected the outcome of the case. [read post]
