The Illinois Jury Instruction — 2.3 Consideration of the Evidence Duty to Follow Instructions Governmental Entity or Agency Involved is an important instruction provided to jurors during a trial in Illinois. This instruction emphasizes the duty of jurors to carefully consider the evidence presented and follow the instructions provided by the court, especially when a governmental entity or agency is involved in the case. Jurors play a crucial role in the judicial process, and their duty to consider the evidence and follow instructions is essential in ensuring a fair and just verdict. This specific instruction highlights the importance of giving due consideration to the evidence presented in relation to a governmental entity or agency involved in the case. In cases where a governmental entity or agency is a party or plays a significant role, it is essential for jurors to pay close attention to the evidence presented by both the prosecution and the defense. They must carefully evaluate the credibility of witnesses, examine any relevant documents or exhibits presented, and consider any expert opinions provided. By following the court's instructions, jurors can make informed decisions based on the evidence and the law presented to them. This instruction serves as a reminder to jurors that their role is not only to consider the evidence but also to follow the court's guidance, which ensures a fair trial and upholds the principles of justice. Different types of Illinois Jury Instruction — 2.3 Consideration of the Evidence Duty to Follow Instructions Governmental Entity or Agency Involved may include variations based on the specific nature of the case, such as: 1. Criminal Cases Involving Governmental Entities or Agencies: This instruction may be provided to jurors in criminal cases where a governmental entity or agency is a party, such as cases involving a government official accused of misconduct. 2. Civil Cases Involving Governmental Entities or Agencies: In civil cases, this instruction may be given to jurors when a governmental entity or agency is involved, such as cases against a government department for negligence or a violation of rights. 3. Administrative Hearings: This instruction might also apply in administrative hearings involving governmental entities or agencies, where jurors are required to consider the evidence and follow instructions provided in those hearings for making fair and impartial decisions. It is crucial for jurors to understand the importance of their duty to objectively consider the evidence presented and follow the court's instructions, especially when governmental entities or agencies are involved. By doing so, jurors contribute to ensuring a fair trial or hearing, upholding the principles of justice, and ultimately reaching a just verdict.
Illinois Jury Instruction - 2.3 Consideration Of The Evidence Duty To Follow Instructions Governmental Entity Or Agency Involved
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FAQ
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
Three successful undue influence cases in the last decade are those of Schrader v Shrader [2013], Schomberg v Taylor [2013] and Re Chin [2019].
Undue influence occurs when an individual is able to persuade another's decisions due to the relationship between the two parties. Often, one of the parties is in a position of power over the other due to elevated status, higher education, or emotional ties.
The law is that undue influence exists where one person wrongfully exercises control over another so as to substitute that person's will for the will of the other. Undue influence is more than just advice or persuasion or an appeal to [defendant's name]'s(s') own reasoning.
The precise test for undue influence again varies by state, but typically the contestant must establish that the undue influencer destroyed the free will of the person executing the will so that the desire of the undue influencer took over for the desires of the victim.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
Illinois Pattern Jury Instruction 5.01 is generally available when the following conditions have been met: (1) the missing witness was under the control of the party to be charged and could have been produced by reasonable diligence; (2) the witness was not equally available to the opposing party; (3) a reasonably ...