Search for: "Standard Jury Instructions Civil Cases"
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23 Dec 2015, 6:50 am
This post examines an opinion from the Wisconsin Court of Appeals: Laughland v. [read post]
22 Dec 2015, 9:23 am
They both told us how useful they found the new – adopted in 2015 − Pennsylvania Suggested Standard (Civil) Jury Instructions (“Pa. [read post]
20 Dec 2015, 4:17 pm
The Old Bailey jury took less than three hours to clear him of wrongdoing. [read post]
16 Dec 2015, 8:00 am
Instead, as detailed in Civil Jury Instruction 1200, the plaintiff must show simply: 1) That s/he was harmed; 2) By the product; and 3) Either: a) the product was defectively designed, b) included a manufacturing defect, or c) the company did not provide appropriate warnings/instructions. [read post]
15 Dec 2015, 8:00 am
Pursuant to the principle known as “vicarious liability,” employers are typically liable when an incident occurs during the course of employment (See California Civil Jury Instruction 3701 https://www.justia.com/trials-litigation/docs/caci/3700/3701.html). [read post]
10 Dec 2015, 6:27 pm
On appeal, the plaintiff argued that Texas Rule of Civil Procedure 28 and the facts of the case defeated the defendants’ statute of limitations argument. [read post]
30 Nov 2015, 9:57 am
Where, as here, the juvenile court applies the incorrect legal standard, we may decline to engage in substantial evidence review and instead remand to allow the juvenile court to apply the correct legal standard. [read post]
18 Nov 2015, 9:00 pm
After a five-day non-jury trial, the court had ample opportunity to observe the demeanor and credibility of the witnesses. [read post]
10 Nov 2015, 10:48 am
The case, she argued, “turns on the Mount Clemens standard. [read post]
6 Nov 2015, 9:33 pm
The Court chose, instead, to take on this case, which arises under federal labor law and Federal Rule of Civil Procedure 23. [read post]
27 Oct 2015, 8:00 am
In contrast, architects and engineers must meet a higher professional standard of care (see Civil Jury Instruction 600). [read post]
17 Oct 2015, 5:29 am
The Dodgers’ Dodges Questions about whether expert witnesses properly applied a methodology to the facts of a case are for the jury, and not the proper subject of gatekeeping. [read post]
15 Oct 2015, 6:01 am
In every case the proper permissions have been obtained. [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]
9 Oct 2015, 4:15 am
The family court operates on a different standard of proof to the criminal court – that is to say something is proved in the Family Court (like all other civil courts) if it is “more likely than not” that it happened. [read post]
6 Oct 2015, 3:05 am
The Second Circuit agreed with Newman and Chiasson, concluding that the jury instructions were improper and that the evidence was insufficient to sustain a conviction. [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]
11 Sep 2015, 8:00 am
However, it does go further in the civil case given the reduced standard of proof. [read post]
30 Aug 2015, 12:37 pm
See §786.76 Florida Statutes and Florida Standard Jury Instruction 501.8. [read post]
27 Aug 2015, 10:57 pm
Police Use of Deadly Force Denounced by Amnesty International & UN Human Right Council Earlier this year, Amnesty International reported its findings that 50 States and the District of Columbia in the USA failed to comply with the international standards on the use of lethal force. [read post]
