Search for: "In Re: Standard Jury Instructions in Civil Cases"
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12 Sep 2012, 12:40 pm
And, applying the Williams standard, the court held that the jury verdict was not unconstitutional. [read post]
18 Mar 2020, 10:29 am
They are used to setting the rules and standards—and having others comply. [read post]
1 Jun 2010, 3:42 am
If I did more civil work and had more time, I’d spend some of it discussing the case in more detail. [read post]
7 Jul 2021, 9:52 am
Juvenile’s confession was voluntary, but trial court reversibly erred in failing to consider the juvenile’s age when determining custody status for purposes of Miranda and G.S. 7B-2101 In re: J.D.F., ___ N.C. [read post]
25 Feb 2019, 8:00 am
With that bit of insight, I said to them, might I suggest you take a look at:California Causes of Action (James Publishing)California Forms of Pleading and Practice (Lexis)Judicial Council of California Civil Jury Instructions (Lexis)California Practice Guide: Civil Procedure Before Trial (TR)California Civil Discovery Practice (CEB)and off couple slunked off to prepare their 5th amended complaint.Yep, there are a whole lot of people out there in… [read post]
3 May 2018, 3:48 am
When someone tries to sell that it’s the same standard as “most civil proceedings,” they’re being disingenuous or ignorant. [read post]
30 Aug 2022, 5:01 am
The problem for Bauer is that the cases he cites have nothing to do with special purpose grand juries. [read post]
16 Jan 2009, 11:20 pm
The Court provided a rationale for dismissing both of these approaches.The Court opined jury instructions can only go so far. [read post]
31 Mar 2014, 4:36 pm
Present Legal Standard for Personal Injury Causation Under the Laws of the State of California All of the prior “BAJI” instructions were re-drafted into the present jury instructions entitled, California Approved Civil (Jury) Instructions (aka “CACI” Instructions). [read post]
22 Mar 2011, 6:12 am
Some of you may be aware that in civil cases jurors are told that it’s only necessary to prove that a fact is more likely true than not true. [read post]
7 May 2020, 10:25 am
The defendant subsequently filed a motion for relief alleging ineffective assistance of counsel claim based on his trial counsel’s failure to request a jury instruction on the definition of “unlawful” in the context of trafficking by possession or an instruction that possession pursuant to a valid prescription was a defense to trafficking in possession. [read post]
21 Jan 2020, 4:20 am
It likewise recommends requesting a special jury instruction on the issue—something NC defenders will likely need to do until the pattern instruction for this offense is released (which I’m told will be soon). [read post]
13 Mar 2021, 5:00 am
On the impeding charge, defendant first challenges the jury instructions. [read post]
16 Feb 2011, 12:24 pm
They’re plaintiffs’ attorneys. [read post]
14 Jun 2011, 3:52 am
I’ve often wondered why defendants are in a hurry to raise post-release control issues while they’re still in prison. [read post]
5 Feb 2014, 4:30 am
She sought an order prohibiting the Red Cross from introducing evidence that it provided proper aftercare, as well as an instruction allowing the jury to infer negligence by the Red Cross due to its spoliation of evidence. [read post]
3 Oct 2022, 12:04 pm
The challenger must identify a standard of care, and the challenged witness’s deviation(s) from that standard. [read post]
21 Jul 2015, 8:00 am
This standard applies to all non-medical professional malpractice actions and is detailed in California Civil Jury Instruction 600 (“[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]
14 Feb 2011, 9:38 am
The jury instruction error is of no legal consequence. [read post]
27 May 2016, 8:00 am
South Carolina by refusing to instruct the jury that the only alternative to the death penalty is life without parole; and (3) whether Lynch’s due process right to a fair trial was violated by allowing a prosecutor with a history of misconduct to make a number of improper comments at trial. [read post]
