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In proposing jury instructions, the parties have an opportunity to persuade the trial court to present their view of the law or theory of the case. In this respect, crafting and proposing instructions requires a deep under- standing of the governing law, as much so as argu- ing a summary judgment or post-trial motion.
What does charges the jury mean?
The judge reads the instructions to the jury. This is commonly referred to as the judges charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.
What is the closing argument after jury instructions?
Jury instructions must be finalized before closing arguments (2) decide which instructions shall be given in addition to those proposed, if any; and (3) advise counsel of all instructions to be given. (Code Civ. Proc., 607a.) It is the duty of trial counsel to request that instructions be finalized before argument.
What should be included in jury instructions?
At a minimum, jury instructions should identify the issues for the jury to decide and help the jury un- derstand the law that governs their decision. They should explain to the jury how to apply those legal principles to the facts at hand.
Which of the following is a concern among many regarding jury instructions?
Which of the following is a concern among many regarding jury instructions? They do not provide enough information.
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.
What is the difference between a jury charge and a jury instruction?
The judge issues a judges charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true. Put another way, If you believe A (set of facts), you must find X (verdict).
What does instructions to the jury mean?
Jury instructions tell the jury what the laws are that govern a particular case. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and gives the one that properly states the law that applies to the case.
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