Alameda California Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification In Alameda, California, the jury instruction 3.3.2 section 1 specifically addresses the defense of justification in cases involving per se violation tying agreements. This instruction provides guidance to jurors on evaluating such cases based on the specific circumstances and evidence presented. A tying agreement refers to a practice in which a seller makes the sale of one product (the "tying product") conditional upon the purchase of a second product (the "tied product"). In some cases, these agreements may be deemed per se unlawful, meaning they are inherently anticompetitive and violate antitrust laws without the need to prove any actual harm to competition. The purpose of jury instruction 3.3.2, section 1, is to inform the jury that a defendant facing allegations of a per se violation tying agreement may raise a defense of justification. This defense involves presenting evidence and arguments to demonstrate that the tying arrangement was, in fact, beneficial to competition or had valid business justifications. The instruction emphasizes that the defendant has the burden of proof to establish the defense of justification. They must show, by a preponderance of the evidence, that there were legitimate business reasons for the tying arrangement that outweigh any anticompetitive effects. Important keywords that may be relevant to this instruction include: 1. Per se violation: Refers to a type of antitrust violation that is deemed inherently illegal without considering any evidence of market analysis or potential pro-competitive justifications. 2. Tying agreement: A practice where a seller requires a buyer to purchase one product as a condition for purchasing another product. 3. Defense of justification: A legal defense in antitrust cases that seeks to justify an otherwise anticompetitive practice by demonstrating its pro-competitive or legitimate business justifications. Types of Alameda California Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification may vary depending on the specific case or context. Different variations of this instruction may be given to address unique factual scenarios or legal arguments presented by the parties involved. However, without further information about particular variations, it is challenging to determine specific types.
Alameda California Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification
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In terms of the Jury Amendment Act 2010, you may have 'good cause' to be excused if: jury service would cause undue hardship or serious inconvenience to you or your family. you have a disability that makes you unsuitable or incapable of effectively serving as a juror, without reasonable accommodation.
Ex Parte Applications In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing), file the motion with the court, and. give notice of the hearing date as required by law.
You must give full reasons for the deferral or excusal and you must state what other days during the next twelve months that you will be able to attend. You may be asked for evidence to verify your circumstances. Jury service can only be deferred once.
You can ask to have your jury service postponed by calling (619) 844-2800. Your service may be postponed for up to 6 months for any reason. You can also postpone your service by clicking here.
You may postpone your service for up to six months from your reporting date.
(c) Process for requesting permanent medical excuse (1) An applicant must submit to the jury commissioner a written request for permanent medical excuse with a supporting letter, memo, or note from a treating health care provider.
(1) No class or category of persons may be automatically excluded from jury duty except as provided by law. (2) A statutory exemption from jury service must be granted only when the eligible person claims it. (3) Deferring jury service is preferred to excusing a prospective juror for a temporary or marginal hardship.
Avoiding it, however, is ill advised: you cannot simply refuse and it is a criminal offence to not answer a jury summons without reasonable cause. You may, however, be able to defer (or possibly be excused) if you've served in the last two years or have a good reason.
In response to the low turnout, Alameda County may be implementing a new penalty system for frequent flyers. Under the law, a Failure to Appear for jury service notice can actually result in a contempt of court hearing, fines or even imprisonment. In reality, punishment and penalties are rarely enforced.
Your day in court Instead call 510-891-6031 or email jury@alameda.courts.ca.gov to explain your condition and request a deferral of your jury service.