1.08 Explanatory: Conduct of the Jury is a document outlining the duties, responsibilities, and rights of jurors in a trial. It outlines the process of jury selection, the role of the jury during the trial, and the decision-making process. It also defines the obligations of the jury to the court and the parties involved in the trial. There are two types of 1.08 Explanatory: Conduct of the Jury: the civil version and the criminal version. The civil version outlines the obligations of jurors in civil proceedings, while the criminal version outlines the obligations of jurors in criminal proceedings. Both versions emphasize the importance of impartiality, objectivity, and fairness when making decisions. Additionally, both versions provide guidance on the rights of the jury, such as the right to ask questions, the right to challenge evidence, and the right to serve as a juror.
1.08 EXPLANATORY: CONDUCT OF THE JURY
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FAQ
In deciding whether any fact has been proved by a preponderance of the evidence you may consider the testimony of all of the witnesses, regardless of who may have called them, and all of the exhibits received in evidence, regardless of who may have produced them.
To prove an element by a preponderance of the evidence simply means to prove that something is more likely than not. In other words, in light of the evidence and the law, do you believe that each element of his/her claim/counterclaim is more likely true than not?
A preponderance of the evidence is a standard of proof used by judges under certain circumstances in criminal cases. If you are accused of a probation violation, for example, the state must present evidence that shows that you were more likely than not engaged in the alleged activity.
There are thirteen courts of appeals: eleven numbered circuits (First through Eleventh), the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Federal Circuit. Not all circuits have published jury instructions: the Second and Fourth Circuits do not.
The deliberate ignorance instruction should be given only when evidence has been presented showing the defendant purposely contrived to avoid learning the truth. The defendant must deny knowledge and must engage in conduct which includes deliberate acts to avoid actual knowledge of the operant fact.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence unbroken by any superseding cause, produces the injury event complained of and without which such injury event would not have happened.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.