West Virginia Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy to Fix Prices — Includes Alternative Rule of Reason Instruction In West Virginia, the Jury Instruction — 3.3.1 Section 1 covers the topic of Per Se Violation Conspiracy to Fix Prices, which also includes an Alternative Rule of Reason Instruction. This instruction is relevant in cases where there is an alleged conspiracy to manipulate prices in violation of antitrust laws. The instruction informs the jury about the legal principles and standards that should be applied in determining whether the defendants are guilty of the alleged violation. It guides the jury in understanding the intricacies of the case and provides them with clear instructions on how to evaluate the evidence and reach a fair verdict. The Per Se Violation Conspiracy to Fix Prices refers to a situation where the defendants are accused of engaging in an agreement or conspiracy with others to manipulate or fix prices of certain goods or services. It is called a "per se violation" because the act is inherently anti-competitive, and its detrimental effects on competition are presumed. However, the instruction also includes an Alternative Rule of Reason Instruction. This means that in addition to the per se violation, the jury is also provided with an alternative standard known as the rule of reason. The rule of reason requires a more detailed analysis of the facts and circumstances of the alleged conspiracy to determine whether it unreasonably restrains competition. The instruction helps the jury understand that while a per se violation is generally considered illegal, in some cases, a defendant may present evidence to justify or excuse their actions under the rule of reason. The jury is then required to evaluate the evidence presented by both parties and determine whether the defendants' alleged actions had a valid economic justification or whether they unreasonably interfered with competition. Overall, the West Virginia Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy to Fix Prices — Includes Alternative Rule of Reason Instruction is designed to provide clarity to the jury regarding the legal standards and principles underlying conspiracy cases involving price fixing. It ensures that the jury can make an informed decision based on the evidence and legal instructions provided to them. Different types or variations of this jury instruction may exist depending on the specific circumstances of individual cases or changes in relevant laws or legal precedents. It is always important to consult the most up-to-date version of the instruction provided by West Virginia state authorities or legal professionals familiar with the jurisdiction.
West Virginia Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction
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Criminal trial overview Pick a jury and evidence issues. Jury selection. ... Opening statements. Both sides start by giving an overview of what they plan to show at the trial. ... Prosecution presents its case. The prosecution presents its witnesses and evidence. ... Defense presents it case. ... Closing arguments. ... Jury makes a decision.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Under the ?rule of reason,? if any anticompetitive harm would be outweighed by the practice's procompetitive effects, the practice is not unlawful. Virtually all antitrust offenses likely to be prosecuted by a United States Attorney's office will be governed by the ?per se? rule.
Hear this out loud PauseJury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law.
In US law, the term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter (knowledge) or other defenses. Acts are made illegal per se by statute, constitution or case law.
Hear this out loud PauseThe judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
A proximate cause of [an accident; an injury; damages; death] is a cause that, in natural and continuous sequence, produces the [accident; injury; damage; death]. It is a cause without which the [accident; injury; damage; death] would not have occurred.
Hear this out loud PauseThe judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.