Search for: "Standard Jury Instructions Civil Cases"
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14 Aug 2009, 12:43 am
Se CACI Instruction No. 430. [read post]
8 Jul 2013, 9:01 pm
One issue on appeal—and the issue that ultimately reached the Supreme Court—was whether the jury had been instructed correctly about the required proof of retaliation. [read post]
14 Oct 2014, 6:44 am
Fakoya’s parental rights, arguing under the lower civil standard that he was an unfit parent because he had killed a child in his home. [read post]
25 Jun 2013, 6:47 am
The Court states that such victims will be able to prevail “simply by showing that the employer was negligent in permitting this harassment to occur, and the jury should be instructed that the nature and degree of authority wielded by the harasser is an important factor to be considered in determining whether the employer was negligent. [read post]
11 Jun 2011, 3:03 pm
In order to make its decision, the Court discussed Colorado case law interpreting the CCPA (mainly Judge Connelly’s special concurring opinion in Colorado Coffee Bean), the State of Washington’s interpretation of a similar statute, and the Colorado Supreme Court Committee on Civil Jury Instructions, which recognized that this question may be submitted to a jury. [read post]
30 Jun 2014, 6:01 pm
John Elwood reviews Monday’s relisted cases. [read post]
18 Dec 2012, 9:58 am
See Excerpt from Report of Civil Rules Advisory Committee here. [read post]
25 Oct 2022, 5:17 am
If they produce responsive documents and a detailed privilege log (as required by the House’s standard definitions and instructions for document subpoenas), they will be acknowledging that Trump possesses documents that might qualify as presidential or agency records. [read post]
20 May 2009, 1:05 am
In the first, the Court of Appeals held that the trial court's refusal to poll a civil jury upon request is never harmless, and in the other, the Court reversed a conviction due to the imbalanced nature of the improvised deadlock charge given by a trial judge whose similar instruction in another case also resulted in reversal of a conviction. [read post]
18 Sep 2024, 7:53 am
As explained in the Judicial Council of California Civil Jury Instructions (CACI No. 3905A), “no fixed standard exists for deciding the amount” of pain and suffering and jury members are instructed to use “judgment to decide a reasonable amount based on the evidence and (their) common sense. [read post]
19 Dec 2014, 3:08 am
He is also a member of the National Association of Criminal Defense Lawyers, a member of the Maryland Criminal Defense Attorneys' Association, a member of the Maryland Criminal Pattern Jury Instruction Committee, a member of the Maryland State Bar Association, a member of Prince George's County Bar Association, a member of the Montgomery County Bar Association, and a member of the American Civil Liberties Union and Amnesty International. [read post]
20 Dec 2013, 4:44 pm
The proposed Rule 37(e)(1)(B)(i) authorizes sanctions or an adverse inference jury instruction “only on a finding that the party to be sanctioned has acted willfully or in bad faith” and if the loss caused “substantial prejudice” to the opposing party. [read post]
11 Sep 2013, 1:14 pm
First, most civil cases are tried to the bench, and the need to challenge the expert opinion pre-trial is certainly less pressing. [read post]
22 Jul 2022, 10:22 am
However, unlike a criminal trial – where the jury is instructed to vote guilty only if the case has been proven beyond any reasonable doubt – there is a different standard for civil cases. [read post]
16 Nov 2014, 8:00 am
When maxims are used at the trial court level, they are often espoused by lawyers in argument (and might make their way into a Memorandum of Points and Authorities in a Family Law matter, or even into Jury Instructions in a general Civil Law matter). [read post]
25 Oct 2010, 4:44 am
This case initially was filed in state court in 2001. [read post]
17 Apr 2016, 4:49 am
The 10th Circuit noted that Title VII is not a “general civility code. [read post]
11 May 2017, 11:45 am
Instead, an improperly instructed jury answered an interrogatory based only on the conduct of Dr. [read post]
27 Mar 2012, 8:59 pm
United States, 164 U.S. 493, 502 (1896), involved a victim who was on someone else’s property; there, the Court upheld a jury instruction in favor of a duty to retreat. [read post]
7 Feb 2010, 1:29 pm
On the other hand, the jury instructions also indicate that the jury could assess damages for direct infringement. [read post]
