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Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification

Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification 2025

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The document discusses a legal case involving an alleged violation of Section 1 of the Sherman Act, specifically focusing on a 'tying agreement' where the Plaintiff claims the Defendant forced them to purchase a secondary product as a condition for acquiring a primary product. It outlines the requirements for proving such an antitrust claim, including the need to demonstrate a contract, economic power of the tying product, substantial commerce involved, and injury suffered by the Plaintiff. Additionally, it addresses potential defenses for the Defendant, such as justification based on trademark protection or establishing goodwill in a new business.

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What is an example of jury instructions?

(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.

How do you draft proposed jury instructions?

For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).

How do you explain burden of proof to a jury?

In a criminal case, the burden of proof must be beyond a reasonable doubt. In civil cases, the burden of proof is by a preponderance of the evidence. The judge will explain what these terms mean for a given case in the jury instructions.

Are jury instructions binding?

Model, standard, and pattern instructions are not binding, so a trial court may modify them as necessary to fit the circumstances of the case. A court will often reject parties proposed jury instructions if there are model instructions available on the topic, in an effort to avoid bias or manipulation.

What is the usual standard or burden of proof required to receive a jury instruction upon an affirmative defense?

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

What is the burden of proof in jury instructions?

Judicial Council of California Civil Jury Instructions (2025 edition) The parties must persuade you, by the evidence presented in court, that. what they are required to prove is more likely to be true than not true. This is referred to as the burden of proof.

What is a preponderance of the evidence jury instruction?

Stated another way, a preponderance of the evidence means the greater weight of the evidence. It refers to the quality and persuasiveness of the evidence, not to the number of witnesses or documents.

Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification 2025

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