Search for: "Standard Jury Instructions Civil Cases"
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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]
3 Feb 2024, 2:59 pm
Consider also jury instructions: how do we talk to juries about this? [read post]
24 Jan 2007, 7:00 am
Department of Justice, juries awarded punitive damages in 5.7 percent of cases with winning plaintiffs; for judge awards, it was 4.4 percent. [read post]
14 Feb 2011, 9:38 am
The jury instruction error is of no legal consequence. [read post]
6 Feb 2020, 7:01 pm
”; (4) Trial court committed reversible error by delivering unsupported jury instructions on the aggressor doctrine. [read post]
6 Dec 2014, 2:32 am
The trial court applied the objective standard, however, and instructed the jury accordingly. [read post]
8 Feb 2008, 12:30 am
While most discussion has centered on the jury's split verdict on the criminal charges, the unexamined issue in the case is why Snipes had not paid his taxes in the first place. [read post]
16 Jul 2015, 5:00 pm
We don't even know if the statements in the particular case are a crime or not.We know that a jury cannot be instructed to merely find that a reasonable person would find the statements threatening. [read post]
29 Apr 2011, 2:54 am
The best one we saw was a proposed civil instruction on the Internet that's scheduled to go into effect in New Jersey next month. [read post]
26 Jun 2013, 7:15 am
At trial, the jury was instructed that Title VII retaliation claims, like Title VII discrimination claims, require plaintiff to show only that the retaliation was a “motivating factor” for the adverse employment action, rather than its “but for” cause. [read post]
9 Oct 2007, 7:04 am
Over the dissents of three Justices, the Court sent back to lower courts for reconsideration a new case testing what instructions must be given to a jury in a death penalty case to assure that they need not be unanimous in finding offsetting (mitigating) factors even though they must all agree on their ultimate punishment verdict. [read post]
28 Jan 2009, 4:00 am
Wisconsin Standard Jury Instruction 3735 “Damages: Loss of Expectation” sets out the standard described in the case law above: The measure of damages for a breach of contract is the amount which will compensate the plaintiff for the loss suffered because of the breach. [read post]
22 Jun 2007, 4:44 am
The difference between criminal and civil searches can be dramatic. [read post]
3 Oct 2015, 10:07 am
In this product liability lawsuit stemming from a terrible auto accident, the question was whether an auto manufacturer should be subject to punitive damages (as awarded by the jury) or whether the jury instruction was improper. [read post]
23 May 2007, 9:20 am
I personally believe that whoever is responsible for the three utterly incomprehensible causation jury instructions (legal cause, concurring cause, and intervening cause) found in Florida's standard civil jury instructions should face an inquisition -- those standard instructions are given in nearly every civil jury trial and probably have never once been understood by a jury of nonlawyers. [read post]
9 Oct 2015, 8:00 am
This doctrine is built into Civil Jury Instruction 408 which lists the following as one requirement for claims against a coach, teacher, or other instructor: “[The defendant] intended to cause [the plaintiff’s] injury or acted recklessly in that [defendant’s] conduct was entirely outside the range of ordinary activity involved in teaching or coaching [the activity]. [read post]
8 Feb 2007, 9:08 am
In both civil and criminal cases, the trial judge is the only person in a courtroom whose primary concern, indeed primary duty, is to ensure the selection of a fair and impartial jury. [read post]
14 Jun 2011, 12:30 pm
The dissent thus argued that the jury should have been instructed on the aggravating factor. [read post]
16 Feb 2021, 1:46 pm
The jury unanimously found 9 factors in mitigation (and a majority of the jury found four more), but it nonetheless imposed death. [read post]
1 Aug 2010, 8:54 am
The standard for meeting the burden of proof to overturn a jury verdict is certainly different from the notice pleading requirements of California law. [read post]
