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Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue

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US-11CB-7-2
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict.If the judge grants a motion to set aside judgment after the jury convicts, however, the action may be reversed on appeal by the prosecution.

To overturn a guilty verdict, the judge must look at all evidence presented most favorable to the prosecution. The judge can only grant judgment to overturn the verdict if the evidence clearly fails to establish guilt.A judge will never interfere with a jury's decision and process unless there is a legitimate reason.

No. The judge can follow the same law but judge the case differently and change a ruling. When you write your motion, though, it is best if you explain clearly why you think the judge should change the ruling.

Verdict: The official decision or finding of the jury which is reported to the court.

Instructions to the Jury The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.

A jury instruction is a guideline given by the judge to the jury about the law they will have to apply to the facts they have found to be true. The purpose of the instructions is to help the jury arrive at a verdict that follows the law of that jurisdiction.

When there is no jury ("bench trial"), the judge makes rulings on both questions of law and of fact. In most continental European jurisdictions, judges have more power in a trial and the role and powers of a jury are often restricted.

The High Court found that a trial judge is able to direct a jury to return a verdict of not guilty where a verdict of guilty would be 'unsafe or unsatisfactory. 'So, all in all, courts can intervene to either direct the outcome of a case or overturn a verdict of guilty but these situations are rare.

Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case.

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Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue