Montana Jury Instruction - 6.1 Raiding Key Employees
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FAQ
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
Valcin, set forth certain criteria for imposing evidentiary presumptions in the event of negligent or intentional destruction of hospital records, as follows: 1) If the hospital is unable to produce the records, the plaintiff must establish that the absence of the records hinders the plaintiff's ability to establish a ...
When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.
If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.
Instruction 501.5(c), as amended, sets out the proposition that if the defendant caused the injury, loss, or damage to the claimant, he or she is responsible for any injury, loss, or damage caused by medical care or treatment reasonably obtained by the claimant.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...