Search for: "Standard Jury Instructions Civil Cases"
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3 Dec 2016, 4:26 am
But as Elie says, the failure to convict in this case, with this evidence, rips our comfort blanket of civility from our clutches. [read post]
13 Nov 2016, 4:00 am
C.K-D., 2016 SCC 41 (36877) Judgment rendered Oct. 18, 2016 Justice Wagner: “The trial judge’s charge to the jury as a whole conveyed the correct instruction to the jury on the proper approach [as to how a young person’s evidence is to be considered] to assessing A.Y. [read post]
10 Nov 2016, 9:01 pm
In fact, Judge Curiel was born in Indiana.As I write, Judge Curiel is hearing arguments on the final pre-trial motions, deciding on what evidence he will or will not admit during the trial, as well as potential jury instructions for this high-profile case. [read post]
7 Nov 2016, 7:22 pm
In the following guest post, John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement, examines these issues as part of a comprehensive review the legal issues pertaining to electronic evidence gathered and sought during criminal and civil investigations. [read post]
1 Nov 2016, 4:32 pm
As readers will recall, last week I published a post about the split verdict a Northern District of Georgia jury entered in the civil lawsuit the FDIC had filed against certain former directors of the failed Buckhead Community Bank. [read post]
31 Oct 2016, 2:02 pm
Jing (2010) 189 Cal.App.4th 1354, 1369; see also Judicial Council of California Civil Jury Instructions (2015 Edition), CACI Nos. 1700-1707.In order to recover in a defamation claim the Plaintiff also must show that the statement was made as a “fact” and not an “opinion,” a determination which should be left to the trier of fact, so long as the Court concludes that a statement could reasonably be construed as implying a false assertion of fact. [read post]
31 Oct 2016, 5:50 am
Stotz, supra.The Court of Appeals then explained that EPS filed a civil suit against the five employees, including defendants, who had resigned on July 23, 2012. [read post]
25 Oct 2016, 8:17 am
Judge Whyte has been a driving form in judicial education on patent law and in development the model district court rules and model jury instructions for patent cases. [read post]
20 Oct 2016, 9:01 pm
Indeed, they should apply a much lower standard. [read post]
11 Oct 2016, 3:44 am
United States, last Tuesday’s bank fraud case, observing that “it’s very possible the government could win the legal fight over the definition of bank fraud and still lose the case based on flawed jury instructions,” and that “however it ultimately comes out, Shaw will be instructive in one more area: the importance of sound prosecutorial charging decisions. [read post]
2 Oct 2016, 4:32 pm
It has been consulting on a new draft standards code for the press [pdf]. [read post]
2 Oct 2016, 4:25 am
The Connecticut Civil Jury Instruction on this issue reads as follows: In advising a client concerning settlement, the attorney must exercise that degree of learning and skill which the average and ordinarily prudent attorney in that line of practice in Connecticut would apply under all the relevant circumstances. [read post]
16 Sep 2016, 8:30 am
Privity of contract was a standard established by an English court in the case of Winterbottom v. [read post]
8 Sep 2016, 5:11 am
Lacking a basis for personal jurisdiction, the Second Circuit vacated judgment and remanded to the District Court with instructions to dismiss the case. [read post]
2 Sep 2016, 8:12 am
Below I’ve paraphrased and cut from the CT Civil Jury Instructions on burden of proof: “In civil cases, an injured person who asserts a claim has the burden of proving it by a fair preponderance of the evidence, that is, the better or weightier evidence must establish that, more probably than not, the assertion is true. [read post]
30 Aug 2016, 2:33 pm
The problem of reliance, as contained within Rule 703, is deep and pervasive in modern civil and criminal trials. [read post]
9 Aug 2016, 10:44 am
We can infer that person did so probably with the blessing if not the instruction of the White House. [read post]
4 Aug 2016, 9:01 pm
Supreme Court, which has “ruled in favor of an expansive interpretation of civil RICO in a series of cases. [read post]
31 Jul 2016, 9:01 pm
If the court or jury finds the defendant not guilty, that simply means that the prosecutor did not prove its case. [read post]
21 Jul 2016, 10:48 am
The attorney work product privilege applies in both civil and criminal cases. [read post]
