Search for: "Standard Jury Instructions Civil Cases"
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10 Nov 2015, 10:48 am
The case, she argued, “turns on the Mount Clemens standard. [read post]
Takeaways From the Facebook Threat and Title VII Head Scarf Cases Handed Down by the Court This Week
3 Jun 2015, 9:01 pm
” The Two Cases Taken Together What can we say about these cases when we look at them in tandem? [read post]
6 Mar 2015, 12:53 pm
Indeed, the Texas law at issue in this case provides greater protection for the patients and their families against loss of the constitutional right to trial by jury than federal law. [read post]
2 Feb 2010, 3:25 am
The prejudicial effect was easy to glean: the judge gave a “curative” instruction that the evidence wasn’t admissible to show defendant’s guilt, but only to prove absence of mistake, and when the befuddled jury asked whether it could take the evidence of the two prior occasions into consideration, the court gave the Delphic reply, “Yes, but only as specified in the ‘other acts’ instruction. [read post]
7 Nov 2018, 8:46 am
Mississippi in light of evolving standards of decency, equal protection, and the Eighth Amendment’s prohibition against cruel and unusual punishment when the advisory panel at the penalty phase of trial was repeatedly instructed in violation of Caldwell. [read post]
13 Oct 2010, 1:24 pm
Court of Appeals, Seventh Circuit, Case No. 09-3344. [read post]
26 Nov 2008, 12:21 pm
The only appellate court decisions directly addressing the issue in the United States have held that a trial court must instruct a jury on this "extreme caution" standard of care rather than the "ordinary care" standard under state law. [read post]
2 Jul 2009, 10:38 am
" These rules complement an older, standard instruction that jurors shouldn't discuss the case with others or read or listen to news reports about the case. [read post]
18 Sep 2017, 1:36 am
Standard jury instructions for patent cases and explanation of the “teaching suggestion motivation” test did not reduce hindsight bias.Marco Kleine (Senior Research Fellow, MPI for Innovation and Competition, Munich, Germany) added some thoughts from an experimental economist’s perspective, but had to admit that the economic research in this area largely relied on the psychological studies introduced by Prof. [read post]
8 Dec 2011, 8:46 am
In 2001, two years after Abu-Jamal had exhausted a lengthy appeals process, a Philadelphia federal judge (William Yohn) threw out the death sentence citing problems with the jury instructions and verdict form in the trial. [read post]
24 Apr 2015, 8:53 am
In this case, however, the district court’s jury instruction on excessive force added an unnecessary and confusing element of ‘reckless’ conduct or purpose to the required elements of plaintiff’s claim,” Judge Hamilton wrote. [read post]
24 Jun 2015, 4:44 pm
United States threw out the jury instruction used in that case but left the door open to an instruction based on "recklessness," which will, I believe, get to the same result in nearly all cases. [read post]
23 Jun 2011, 8:56 pm
Microsoft argued that the presumption should be vitiated by the normally applicable standard of proof in civil proceedings, namely “a preponderance of evidence”, at least in cases where the Patents and Trademarks Office had allowed the patent without seeing the evidence at issue in the current challenge. [read post]
13 May 2008, 1:35 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [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]
23 May 2011, 8:44 am
“Category 2” – Cases where fresh evidence is such that, had it been available at the time of the trial, no reasonable jury could have properly convicted the defendant. [read post]
16 Jan 2012, 10:02 am
Criminal law -- Attempted murder -- Jury instructions -- Giving of standard jury instruction on attempted manslaughter is not fundamental error in prosecution for attempted first degree murder where defendant is convicted of lesser included offense of attempted second degree murder -- Conflict certifiedJEAN L. [read post]
6 May 2011, 2:10 am
The jury in the Tomlinson inquest returned a verdict of unlawful killing on Tuesday. [read post]
21 May 2007, 11:21 am
On appeal, Schumm raises six issues, which we expand and restate as: 1. whether the trial court properly denied Schumm's motion for summary judgment; 2. whether the trial court properly denied Schumm's Batson challenge; 3. whether the trial court abused its discretion in excluding evidence relating to the United States Department of Transportation (the "DOT") regulations, and refusing to instruct the jury on these regulations; 4. whether the trial court… [read post]
28 Dec 2021, 6:08 pm
[California Criminal Jury Instructions 2110] A driver also faces a DUI charge if their breathalyzer levels or BAC chemical tests are above .04 while operating a commercial vehicle. [read post]
