Add Amount Field Legal Virginia Jury Instructions Forms For Free

A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."

Jurors, you have the most important role in this trial, because you are the ones who must decide who and what to believe, and answer each of the questions that I have discussed with you. You must decide this case based only on the evidence presented at the trial. You may not decide this case based on anything else.

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.

Beyond a reasonable doubt in criminal law. clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases. probable cause in the acquisition of a warrant or arrest proceeding.

To prove an element by a preponderance of the evidence simply means to prove that something is more likely than not. In other words, in light of the evidence and the law, do you believe that each element of his/her claim/counterclaim is more likely true than not?

The burden is always upon the prosecution to prove guilt beyond a reasonable doubt. This burden never shifts to a defendant for the law never imposes upon a defendant in a criminal case the burden or duty of calling any witnesses or producing any evidence.

For each special instruction, a citation of authorities that support the instruction must be included at the bottom of the page. No citation is required for approved instructions.

"Preponderance of evidence" means just enough evidence to make it more likely than not that the asserted facts are true. "Preponderance of evidence" is evidence that is of greater weight or more convincing than the evidence offered in opposition.

Treatises Elements. Generally, a citation to a treatise should contain the following elements: Volume (if applicable) Author (see R. Example. 2 Joseph M. Perillo & Helen Hadjiyannakis Bender, Corbin on Contracts § 1.1 (1993). ALWD. Example. 2 Joseph M. Perillo & Helen Hadjiyannakis Bender, Corbin on Contracts § 1.1 (1993).