Model Jury - How To Use This


I.   General Considerations

   Use the Table of Contents as a checklist.

   Read the comments before using a particular instruction.

These model instructions may require adaptation or modification to fit a particular case or to reflect current law.

II.   Preliminary Instructions

   Pick out preliminary instructions from Chapter 1 to give to the jury orally before opening statements. You may wish to supplement the instructions in Chapter 1 with case-specific preliminary instructions in some cases. Preliminary instructions to introduce the jury to the law are offered in FELA cases (8.01.01), FSAA cases (8.01.02), Age Discrimination cases (12.01.01 and 12.02.01), Trademark cases (15.00), Patent cases (16.00), Copyright cases (17.00), and Securities cases (18.00). In a complex area of law, you may wish to draft an instruction similar to those instructions to assist the jury in a preliminary understanding of the issues to be tried.

   In a typical case, preliminary instructions orally read to the jury will include:

     1.01     Duty of Jury

     1.02     Claims and Defenses (tailored to fit the particular case)

     1.03     What is Not Evidence

     1.04     Evidence for Limited Purpose

     1.05     Direct and Circumstantial Evidence

     1.06     Ruling on Objections

     1.07     Credibility of Witnesses

     1.08     Conduct of the Jury

     1.09     No Transcript Available to Jury

     1.10     Taking Notes (if applicable)

     1.11     Outline of Trial

     1.12     Burden of Proof--Preponderance of the Evidence

III.   Instructions During Trial

   As matters come up during trial that require instructions to the jury, refer to Chapter 2 (or to Chapter 4 if the jury is in deliberation). Typically, instructions 2.01 Cautionary Instruction--First Recess, and 2.02 Bench Conferences and Recesses, will be read to the jury early in the case.

IV.   Final Written Jury Instructions

   Ordinarily, the format of instructing found in Chapter 3 can be used in each case, supplemented by instructions from other sections that may be appropriate. Typically, an instruction packet will include:

   A.   General Instructions

     Inst. No.     Instruction Title

     3.00       Cover Sheet

     3.01       Duties of Jury to Find Facts and Follow the Law

     3.02       Use of Notes (if applicable)

     3.03       What is Evidence

     3.05       What is Not Evidence

     3.06       Direct and Circumstantial Evidence

     3.07       Credibility of Witnesses

     5.01       Burden of Proof--Preponderance of the Evidence

   B.   Substantive Law

     Inst. No.     Instruction Title

     5.03, .04, .05   Elements of Proof. Tailor the instruction to fit the case at hand. The drafting of an Elements of Proof instruction can be completed by reference to the section on the federal law in issue. Instructions 5.03, 5.04, and 5.05 contain alternative concluding paragraphs explaining to the jury how to complete its verdict after reaching its findings. The appropriate concluding paragraphs should be added to each instruction which sets out the elements of proof.

     Definitional instructions for the section on the federal law in issue will follow the instructions on elements of proof.

     7.01       Damages--Proof. Include appropriate parts of instruction 7.02 Measures of Types of Damages, and other damage issues from section 7 or from the section on the federal law in issue to fit the case at hand.

   C.   Closing Instructions

     Inst. No.     Instruction Title


     3.13       Communication with Court

      3.14       Duty to Deliberate

     3.15       Return of Verdict

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