Jury Instruction - Counterfeit - Possession with Intent to Defraud 2025

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The courts duty to give correct jury instructions in a civil action is shaped by at least four factors. The factor most directly implied by a plain error rule is the obviousness of the mistake. The importance of the error is a second major factor.
(the standard for plain error review requires that: (1) an error was committed; (2) the error was plain, or clear, or obvious; and (3) the error resulted in material prejudice to substantial rights). (he burden lies with appellant to establish plain error).
(a) Harmless Error . Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded. (b) Plain Error . Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.
Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be any record or return specified in Section 470, is guilty of forgery.
In a federal appeal, a plain error is an obvious mistake the trial court makes during proceedings. This error must be plainly evident from the court record, and it must be evident that it affects the defendants substantial rights and undermines the judicial proceedings fairness, integrity, or public reputation.
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Fundamental error is when someone makes a mistake that goes against what is true or real. It can be a mistake about something important in a contract or a mistake made by a judge in a court case. Sometimes, these mistakes can be fixed, but other times they cant.

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