Search for: "Standard Jury Instructions Civil Cases"
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7 Jun 2017, 7:48 am
The court explained that any time a foreign object is left inside a patient, the patient is entitled to favorable jury instructions, and the burden of proof shifts to the defense to prove that no medical malpractice took place. [read post]
1 Jun 2017, 8:15 am
The jury in the Robertson case was instructed to use the Kennedy “significant nexus” test in determining that the tributary Robertson polluted was in fact regulated by the CWA. [read post]
19 May 2008, 3:30 pm
She is an expert in criminal law, civil procedure, and legal writing, all of which she teaches, and in which she has authored or co-authored 17 articles and book chapters on topics ranging from instructions to juries in criminal cases, guilty-plea negotiations, sex offenses, legal issues in AIDS, search and seizure procedures, and the legal autonomy of cities in urban planning. [read post]
27 Aug 2015, 9:30 am
California’s Civil Jury Instructions section 418, the so-called “negligence per se” instruction, could be read to the jury as follows: If you decide 1. [read post]
1 Jun 2012, 6:26 am
” Similarly, in In Re: Standard Jury Instructions In Criminal Cases-Report No. 2010-01 And Standard Jury Instructions In Civil Cases, Report No. 2010-01., the Florida Supreme Court issued a decision last week that adopted an updated version of the Standard Jury Instructions to include a section admonishing jurors to refrain from using social media and mobile devices during the trial. [read post]
22 Jun 2011, 9:32 am
An `adverse inference instruction’ is proper in civil cases where a party has failed to preserve evidence and there is a showing of bad faith in doing so. . . . [read post]
24 Jun 2015, 8:00 am
” Section 600 of the California Civil Jury Instructions explains the special standard used in these cases (applicable to architects, engineers, lawyer, and other non-medical professionals): “[A/An] [insert type of professional] is negligent if [he/she] fails to use the skill and care that a reasonably careful [insert type of professional] would have used in similar circumstances. [read post]
1 Dec 2014, 1:44 pm
Rule 37(e)(2) resolves the circuit split on when a court may deliver an adverse inference jury instruction for loss of ESI. [read post]
26 Apr 2010, 3:37 am
Nothing else of significance came out of Columbus, so let’s take a look at the courts of appeals… Civil. [read post]
3 Oct 2007, 11:10 pm
The NACDL's brief comes out of the box smoking: This case highlights a recurring problem in federal criminal cases: the indiscriminate use of the deliberate ignorance instruction. [read post]
25 May 2023, 11:45 am
In some cases, the court will show the evidence to the jury anyway but instruct them on how they can and cannot use that information. [read post]
9 May 2023, 5:58 am
§ 14-1306: Mediation; bench trial; jury trial; civil penalties. [read post]
1 Dec 2008, 9:18 pm
Washington standard was unreasonable. [read post]
19 Jul 2017, 8:53 am
Ohio 2008)(determining, on Government's summary judgment motion in civil forfeiture case, that residence in which Section 2251 and 2251 and 2252 occurred was forfeitable). [read post]
5 Jun 2014, 12:14 pm
DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002), and thus by necessary implication of other precedent in that circuit following that standard (this means you, Zubulake); andRequiring a finding of specific “intent to deprive another party of the information’s use in the litigation,” under Rule 37(e)(2) before any federal jury can be instructed on evidentiary presumptions from loss of electronic information.The last of these items, if adopted, would… [read post]
30 Jul 2009, 10:56 pm
(Id.; Civil Code § 1431.2.) [read post]
7 Oct 2017, 11:11 am
., Civil Action No. 12-1318-LPS (D.Del. [read post]
1 Jan 2018, 12:15 pm
At trial, the defendant proposed a jury instruction for defense of property. [read post]
10 Nov 2008, 5:00 am
In Maryland, appellate and trial judges generally seem to give tremendous respect to the drafters of the criminal and civil pattern jury instructions. [read post]
31 May 2017, 8:00 am
It also determined there was no error in the jury instruction. [read post]
