Search for: "Standard Jury Instructions Civil Cases"
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19 Apr 2011, 10:04 am
The Court did not focus on Microsoft's principal argument that a preponderance of the evidence is the default standard of proof in civil cases. [read post]
19 Apr 2011, 10:04 am
The Court did not focus on Microsoft's principal argument that a preponderance of the evidence is the default standard of proof in civil cases. [read post]
29 Jun 2020, 12:31 pm
Even if the jury instructions accurately stated the law, HM didn’t offer evidence sufficient to allow a reasonable jury to conclude that the Eames trade dress met the standard for fam [read post]
29 Apr 2010, 11:17 am
§ 1346 applies in cases where the jury did not find – nor did the district court instruct them that they had to find – that the defendants “reasonably contemplated identifiable economic harm,” and if the defendants’ reversal claim is preserved for review after they objected to the government’s request for a special verdict. [read post]
16 Aug 2010, 3:40 am
10th District upholds denial of jury instruction on entrapment, says informant and defendant began discussing deal before informant became government agent, therefore deal did not originate with goverment; excellent discussion of subject… Where defendant acquitted of possessing criminal tools, judge should not have ordered forfeiture of money which served as basis for charge, says 8th District… 5th District upholds max consecutive sentences for… [read post]
9 Jun 2011, 10:07 am
While not directly on point, a California civil jury in 1997 — using the “preponderance” of evidence standard — found O.J. [read post]
26 Apr 2016, 6:12 pm
” and he noted certain constitutional double jeopardy concerns not present in civil cases. [read post]
3 Jan 2008, 3:46 am
After reviewing the cases and other authorities cited by the parties, the Court concluded that in the criminal context as well as the civil, the measure of damages is the reasonable cost of restoration. [read post]
3 Jan 2008, 3:46 am
After reviewing the cases and other authorities cited by the parties, the Court concluded that in the criminal context as well as the civil, the measure of damages is the reasonable cost of restoration. [read post]
18 Aug 2008, 5:34 pm
The district court did not instruct the jury about the enactment date of the statute, and Marcus did not object to the court's jury instructions, or make any Ex Post Facto arguments in the district court at all.He argued, for the first time, on appeal, that the TVPA had been applied retroactively against him, in violation of the Ex Post Facto Clause. [read post]
29 Apr 2015, 11:38 am
Brown, Eleventh Circuit: Appellant, an inmate, brought a civil rights suit under 42 U.S.C. [read post]
2 Jun 2007, 2:25 pm
For example, in a civil case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence. [read post]
14 Jan 2013, 8:39 am
And, to obtain submission of this type of evidence, the government need only demonstrate the agreement by a civil law standard. [read post]
28 Jul 2009, 3:54 am
Iqbal made clear that the Twombly pleading rule applies to all civil cases, including products liability. [read post]
20 May 2021, 7:59 am
Additionally, it should also be noted that the Daubert standard was broadened to include testimony that is not scientific in nature, including testimony grounded in technical or specialized knowledge, which has expanded the applicability of the standard in civil cases. [read post]
26 May 2015, 11:55 am
Since the trial court should have granted the defendant’s motion for a juror interview, Florida’s Fourth District Court of Appeal reversed the lower court’s decision and remanded the case with instructions to interview the juror. [read post]
18 Mar 2010, 11:11 am
Hopefully, this outstanding brief will influence the Supreme Court to accept Staub's case and reinstate the jury's verdict. [read post]
7 Jan 2021, 1:28 pm
She then refused to stand precisely where she was instructed to stand, telling officers, “you can keep an eye on me from right here. [read post]
25 Nov 2010, 8:46 pm
The Court also took substantive action in six criminal matters and one civil case, which are discussed after the jump. [read post]
30 Dec 2021, 6:05 am
But, similar to the above, referencing information already publicly available from a related case while discussing the instant case does not, on its own, influence the outcome of this case or prejudice the jury pool such that a prior restraint on future comments is necessary. [read post]
