Search for: "Standard Jury Instructions Civil Cases"
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12 Sep 2014, 1:41 pm
This is, of course, how the Federal Rules of Civil Procedure work. [read post]
10 Sep 2014, 9:00 am
AstenJohnson, Inc. 13-1252Issue: Whether, in a federal jury case, a district judge's procedural failure to make detailed findings under Daubert v. [read post]
4 Sep 2014, 11:35 am
” Judicial Council Of California Civil Jury Instruction 414 Based upon this standard and the findings of the various investigations, it is my opinion that PG&E will likely not only settle the various pending wrongful death actions but, pay full value to do so. [read post]
31 Aug 2014, 12:49 pm
To what extent do the doctrines of equity serve the same ends as jury nullification, discussed in Chapter 2? [read post]
25 Aug 2014, 3:06 pm
The trial court also instructed the jury that CB, as the broker, had no liability for breach of fiduciary duty based on the salesperson’s acts. [read post]
12 Aug 2014, 8:00 pm
That is the case here [read post]
9 Aug 2014, 8:49 am
” Next, it reviews the standards of “willfulness” as presented by the United States and taxpayer’s counsel, and as determined by the Court in the recent Miami, Florida case which was tried and decided by a jury in Miami, Florida in June, 2014, United States v. [read post]
5 Aug 2014, 10:15 pm
" Id. at *4.[1] JurisdictionLegal Standard and Rule"Whether the district court had subject matter juris- diction is a question we review de novo. [read post]
3 Aug 2014, 4:28 pm
However, unlike the case with OVDP submissions, there is no protection from civil examination or from criminal prosecution for taxpayers making voluntary disclosures under the Streamlined or Delinquent FBAR/Information Return procedures. [read post]
14 Jul 2014, 4:45 pm
He flatly refused to participate in the military commission proceedings and instructed his trial counsel not to present a substantive defense. [read post]
11 Jul 2014, 6:00 am
Surely, it is only a matter of time before this rule of admissibility is also tested in the civil litigation context.The expectation is that courts addressing the issue of the admissibility of this automobile black-box information in the context of the less stringent standards applicable to civil litigation matters would find such evidence to be admissible.Open QuestionsIn addition to the test of admissibility, there may also arise questions as to how such black-box… [read post]
30 Jun 2014, 6:01 pm
John Elwood reviews Monday’s relisted cases. [read post]
29 Jun 2014, 10:09 am
The court applies a harmless error standard and says that the jury would have convicted anyway, if given the proper instruction. __ Is this a privacy case or a threat case? [read post]
27 Jun 2014, 8:18 am
After the evidence has been adduced at trial the prosecution usually asks the judge to instruct the jury with the lesser included offense of reckless endangerment of a child. [read post]
25 Jun 2014, 2:00 pm
§ 2254(d) when it granted federal habeas relief from a state murder conviction on the ground that the prosecutor's request for an aiding-and-abetting instruction at the jury-instruction conference violated a putative constitutional right to prior notice of the government's theory of prosecution - a right that has been recognized in the court of appeals' own precedents, but not established by any holding of this Court. [read post]
20 Jun 2014, 1:42 am
Last month, an Okeechobee, Florida jury went a little further, awarding a Sanford man over $11 million in damages in a civil lawsuit against the Okeechobee Eagles Aerie #4137. [read post]
18 Jun 2014, 11:06 am
And, the jury instructions were fine. [read post]
5 Jun 2014, 12:14 pm
DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002), and thus by necessary implication of other precedent in that circuit following that standard (this means you, Zubulake); andRequiring a finding of specific “intent to deprive another party of the information’s use in the litigation,” under Rule 37(e)(2) before any federal jury can be instructed on evidentiary presumptions from loss of electronic information.The last of these items, if adopted, would… [read post]
3 Jun 2014, 2:47 pm
CA Civil Jury Instruction 426. [read post]
21 May 2014, 11:03 pm
Most courts now include anti-Tweet and technology instructions in standard jury instructions (see Preliminary Criminal Instruction #13, “Admonition”), but jurors have probably already found other ways to communicate to get around the current rules. [read post]
