Search for: "Standard Jury Instructions Civil Cases" Results 141 - 160 of 1,153
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30 Dec 2021, 6:05 am by Eugene Volokh
But, similar to the above, referencing information already publicly available from a related case while discussing the instant case does not, on its own, influence the outcome of this case or prejudice the jury pool such that a prior restraint on future comments is necessary. [read post]
28 Dec 2021, 6:08 pm by admin
[California Criminal Jury Instructions 2110] A driver also faces a DUI charge if their breathalyzer levels or BAC chemical tests are above .04 while operating a commercial vehicle. [read post]
” However, it is important to note that the only U.S. published court case interpreting the Tokyo Convention applied an objective negligence standard of reasonableness instead of the more deferential and subjective “arbitrary and capricious standard” that governs claims for domestic flights under U.S. federal regulations. [read post]
17 Dec 2021, 1:54 pm by Andrew Hamm
In Gear’s trial – six weeks before the decision in Rehaif – the jury instructions required the jury to find whether Gear knew he had a gun, but not whether he knew he was in the United States pursuant to a nonimmigrant visa. [read post]
13 Dec 2021, 1:21 pm
Check, the Pennsylvania Supreme Court found that the trial court in this case erred in instructing the jury on the sudden emergency doctrine as the evidence in the case failed to lay a foundation for the provision of that instruction to the jury. [read post]
12 Dec 2021, 9:01 pm by Marci A. Hamilton and Leslie C. Griffin
The law provides a standard that protects everyone’s rights. [read post]
10 Dec 2021, 12:30 pm by John Ross
The feds charge the mine's owner with willfully violating mine-safety standards so he could run more coal. [read post]
3 Dec 2021, 8:00 am by Robert Kreisman
“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]
30 Nov 2021, 12:57 pm by Kevin H. Gilmore
As a result, the court imposed evidentiary sanctions – allowing the introduction of evidence and a jury instruction related to the plaintiff’s destruction of the Snaps – and monetary sanctions – payment of the defendants’ attorneys’ fees incurred related to the discovery dispute. [read post]
30 Nov 2021, 12:57 pm by Kevin H. Gilmore
As a result, the court imposed evidentiary sanctions – allowing the introduction of evidence and a jury instruction related to the plaintiff’s destruction of the Snaps – and monetary sanctions – payment of the defendants’ attorneys’ fees incurred related to the discovery dispute. [read post]
30 Nov 2021, 12:57 pm by Kevin H. Gilmore
As a result, the court imposed evidentiary sanctions – allowing the introduction of evidence and a jury instruction related to the plaintiff’s destruction of the Snaps – and monetary sanctions – payment of the defendants’ attorneys’ fees incurred related to the discovery dispute. [read post]
21 Nov 2021, 4:28 am by SHG
First, as Eugene noted, this would not be proper for a jury instruction. [read post]
20 Nov 2021, 9:34 am by Eugene Volokh
(One way this could happen is that the standard for criminal negligence in criminal cases is generally higher than for civil negligence, though in this case the jury instructions didn't seem to reflect that.) [read post]
Weisberg: The way the law and the jury instructions were phrased enable the jury to be pretty generous to Rittenhouse on the question of who was the initial aggressor between him and the people he shot and whether he acted with proportionate self-defense. [read post]
10 Nov 2021, 1:07 pm by John Elwood
§ 841(a); and (2) whether the trial court erred by not explaining or adequately defining “good faith” in its instructions to the jury regarding a Controlled Substances Act case involving a physician. [read post]
10 Nov 2021, 12:28 pm by Alexandra Hussey
  Judicial willingness to issue a specific jury instruction on the availability of a “good faith” defense similarly varies. [read post]
3 Nov 2021, 10:26 am by John Elwood
Lastly, the court denied review in American Civil Liberties Union v. [read post]
2 Nov 2021, 12:26 am by David Kopel
The same was true after the Supreme Court cases. [read post]