Search for: "Standard Jury Instructions"
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7 Sep 2017, 7:54 am
In the trial of one man ultimately convicted of murder, the jury instructions were the key to his receiving a new trial because those instructions did not instruct the jury about the presumption of innocence or the “beyond a reasonable doubt” standard of proof. [read post]
10 Nov 2008, 4:46 pm
LIST OF INSTRUCTIONS (Maryland Civil Pattern Jury Instructions-Unless Otherwise Indicated) 1. [read post]
12 Aug 2012, 5:15 pm
At issue was one jury instruction that the plaintiff had requested and which the trial court had given, instructing the jurors that: An employer seeking an exemption from the overtime requirements of the FLSA bears the burden of proving that the particular employee fits plainly and unmistakably within the terms of the claimed exemption. [read post]
3 Dec 2021, 8:00 am
“While the threshold for permitting an instruction in a civil case is modest, the standard for reversing a judgment based on failure to permit an instruction is high. [read post]
17 Jan 2017, 9:10 am
Furthermore, the court noted that elsewhere in the instructions, the court told the jury that it must find each element “by a preponderance of the evidence,” which is the proper standard in civil cases. [read post]
11 Jun 2007, 1:49 am
In this contraband case, the Fourth District asked the standard jury instructions committee for criminal instructions to consider rewriting the instruction on possession. [read post]
6 Jul 2015, 2:53 pm
The paper then concludes with practical recommendations for devising a new instruction on the standard of proof. [read post]
3 Jun 2018, 8:00 pm
Melton COA Not to be Published (6/1/18) On appellate review, when determining “whether a trial court erredby: (1) giving an instruction that was not supported by the evidence; or (2) not giving an instruction that was required by the evidence; the appropriate standard . . . is whether the trial court abused its discretion. [read post]
12 Dec 2011, 12:55 pm
Any new jury instructions should set forth (in clear terms) liability standards whose substance enhances the effectiveness of the antitrust. [read post]
6 Aug 2018, 7:43 am
Last month, the court of appeals ruled that the pattern jury instruction for felony indecent exposure was inadequate given the facts of the case before it. [read post]
31 Jan 2015, 12:48 pm
The Supreme Court additionally approved proposed changes from the Supreme Court Committee on Standard Jury Instructions in Criminal Cases to jury instructions for Kidnapping (9.1) and False Imprisonment (9.2). [read post]
16 Mar 2016, 10:48 am
An Empirical Test of Criminal Jury Instructions Abstract: The Constitution protects us from criminal conviction unless the government can prove guilt beyond a reasonable doubt. [read post]
22 Aug 2018, 9:43 am
There are standard jury instructions in Florida that apply to sexual battery charges. [read post]
3 Jun 2009, 9:21 pm
Sherman Health Systems, No. 108182, presented the question of whether in an instant medical malpractice action as to whether trial court properly gave jury instruction 2006 IPI 105.01, which advised jury that in determining whether defendant's emergency room physicians violated applicable standard of care, jury could properly consider, among other things, evidence of by-laws, rules, regulations, policies and procedures, and other evidence presented… [read post]
29 Oct 2009, 1:45 pm
The Florida Supreme Court revised standard jury instructions for death penalty cases Thursday in ways the justices hope will reduce widespread confusion among jurors disclosed by an American Bar Association survey. [read post]
7 Jul 2011, 2:54 pm
The jury is then instructed as to how to analyze the medical malpractice case when making decisions regarding the standard of care. [read post]
7 Jul 2011, 2:54 pm
The jury is then instructed as to how to analyze the medical malpractice case when making decisions regarding the standard of care. [read post]
7 Oct 2015, 10:21 am
Plaintiffs are trying to add on a standard for the jury to decide a question which has already been decided as a matter of law. [read post]
24 Aug 2015, 10:29 am
The trial court instructed the jury to find for the plaintiff if the surgeon violated the general duty to disclose the risks of the procedure in accordance with accepted medical standards. [read post]
19 Oct 2020, 8:00 am
The appellate court also made note that Perez was correct that the standard instruction given by the trial court did not accurately state the law, as the instruction given, about Dr. [read post]
