Search for: "In Re: Standard Jury Instructions in Civil Cases"
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24 Feb 2009, 12:56 pm
My favorite instruction is this one, which has an analogue in civil trials of an instruction to the jury that the number of witnesses or length of testimony is not a relevant factor in assessing which side should prevail: Although the government is required to prove the defendant guilty beyond a reasonable doubt, the government is not required to present all possible evidence related to the case or to produce all possible witnesses who might have some… [read post]
9 May 2011, 5:48 am
With respect to the instruction as to what constitutes a `threat’ under law, the transcript of the proceedings shows that AUSA Tobin correctly outlined the applicable legal standard. . . . [read post]
29 Apr 2011, 2:54 am
So we're happy to offer the New Jersey proposed standard instruction as something of a "best practice" that other courts might want to emulate. [read post]
7 Nov 2018, 8:46 am
If you’re reading a blog post that is entirely devoted to cases on the Supreme Court’s docket that haven’t even been granted yet, chances are you’re a law nerd. [read post]
16 Jun 2022, 8:36 am
Trump or any organization advocating in favor of the 2020 re-election of Donald J. [read post]
24 Feb 2021, 10:56 am
A grand jury in March 2010 indicted the nine Hutaree members on two counts of standard firearms charges—but also for attempted use of weapons of mass destruction and seditious conspiracy. [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]
28 Jul 2009, 3:54 am
Iqbal made clear that the Twombly pleading rule applies to all civil cases, including products liability. [read post]
8 Aug 2018, 10:59 am
In part, the Court’s hesitance followed from New Jersey’s bifurcation of expert witness standards for civil and criminal cases, with the Frye standard still controlling in the criminal docket. [read post]
21 Apr 2022, 7:53 pm
The trial court erred by instructing the jury on the aggressor doctrine. [read post]
3 Jun 2024, 3:00 am
The court largely used standard instructions in a case that was anything but standard. [read post]
27 Jun 2015, 2:50 pm
The Supreme Court denied the plaintiffs' motion for rehearing in that case, and in the companion cases, on the same day it handed down its decision in the attorney-client arbitration case. [read post]
29 Mar 2022, 9:01 pm
Such decisions are nevertheless instructive. [read post]
8 Feb 2008, 12:30 am
While most discussion has centered on the jury's split verdict on the criminal charges, the unexamined issue in the case is why Snipes had not paid his taxes in the first place. [read post]
14 Jan 2013, 8:39 am
And, to obtain submission of this type of evidence, the government need only demonstrate the agreement by a civil law standard. [read post]
26 Apr 2016, 6:12 pm
” and he noted certain constitutional double jeopardy concerns not present in civil cases. [read post]
3 Feb 2024, 2:59 pm
Consider also jury instructions: how do we talk to juries about this? [read post]
1 Aug 2010, 8:54 am
The standard for meeting the burden of proof to overturn a jury verdict is certainly different from the notice pleading requirements of California law. [read post]
19 Apr 2011, 10:04 am
The Court did not focus on Microsoft's principal argument that a preponderance of the evidence is the default standard of proof in civil cases. [read post]
19 Apr 2011, 10:04 am
The Court did not focus on Microsoft's principal argument that a preponderance of the evidence is the default standard of proof in civil cases. [read post]
