Search for: "Standard Jury Instructions Civil Cases"
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9 May 2014, 5:50 am
” It noted that the concept of practical significance cannot be precisely defined and courts find it difficult to apply an elusive, know-it-when-you-see-it standard, let alone instruct a jury on how to do so. [read post]
23 Apr 2014, 12:35 pm
The jury instruction during trial failed to require the jury to find that Appellant had knowledge that the victim lacked the capacity to consent to the sexual conduct. [read post]
20 Apr 2014, 3:22 pm
With no psych evidence, a dim cap instruction was denied, and Christian was convicted. [read post]
16 Apr 2014, 2:43 pm
” Under Federal Rule of Civil Procedure 15(a)(2), “[a] court should freely give leave [to amend] when justice so requires. [read post]
3 Apr 2014, 5:00 am
Plaintiffs predictably sought sanctions that went to the merits of the litigation – to bolster their silent majority of weak cases – rather than just discovery-related issues – demanding default judgments, adverse inference jury instructions, and of course even more cost-shifting, when defendants are already saddled with the great majority of the cost of producing far more information and data than is ever used in any trial. [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]
24 Mar 2014, 9:00 am
” In those cases (see Civil Jury Instruction 462), a plaintiff must show the defendant knew or should have known the animal’s nature, but does not need to show any fault such as a failure to use appropriate restraints. [read post]
18 Mar 2014, 5:52 am
On Monday, lawyers for a U.S. citizen asked the Court to confront that very issue in a case that has achieved wide notoriety and stirred civil liberties protests. [read post]
5 Mar 2014, 10:05 am
For example, while the obviousness (invalidity) of a patent claim is a question of law, it is often based on underlying factual determinations by the trial judge or jury. [read post]
1 Mar 2014, 4:19 am
As you know, there is no “right” to a jury trial in civil matters, only criminal matters provide that option. [read post]
27 Feb 2014, 1:42 pm
Alabama by approving the trial court’s refusal to instruct the jury on second-degree murder. [read post]
24 Feb 2014, 7:36 pm
Our policy is to include and disclose all cases in which Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, represents either a party or an amicus in the case, with the exception of the rare cases in which Goldstein & Russell represents the respondent(s) but does not appear on the briefs in the case. [read post]
21 Feb 2014, 8:49 pm
Category: Civil Procedure By: Jesus Hernandez, Blog Editor/Contributor TitleLighting Ballast Control, LLC v. [read post]
17 Feb 2014, 3:48 am
T.P.I.- Civil 6.12 See the problem? [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 Feb 2014, 1:18 pm
(For an understanding of how the two systems handle aggravation injuries, consider Florida Standard Jury Instruction 501.5a, for civil cases, and this article, for workers' compensation. [read post]
28 Jan 2014, 1:33 pm
The instructions did not state that materially true statements were entitled to immunity, and the jury found that Air Wisconsin was not immune. [read post]
19 Jan 2014, 2:16 pm
But Judge Hernandez incorrectly instructed the jury on the law, so they didn't know what standard should govern their decision. [read post]
14 Jan 2014, 9:48 am
Jan. 23, 2013), the court found that a defendant had a duty to preserve text messages on his iPhone as potential evidence, but it refused to sanction the defendant with an adverse inference jury instruction. [read post]
3 Jan 2014, 6:00 am
Products LiabilityIn a case of paramount importance to civil litigators, the Pennsylvania Supreme Court heard argument in Tincher v. [read post]
