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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).

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.

Illinois Pattern Jury Instruction 5.01, also known as the “missing witness” instruction, allows the jury to infer that the testimony of the missing witness would have been adverse to the party that failed to produce the witness to testify—an inference that can be very hard to overcome and, in some cases, can sound the ...

Following the suggestion of where to begin, defense attorneys should then walk jurors through the verdict form, highlighting the key jury instructions along the way that make it clear that proximate cause is a separate question with its own independent burden of proof that jurors must answer, even if it is not ...

While actual cause identifies the direct link, proximate cause limits liability to injuries that were foreseeable. Both are critical elements to securing compensation for the plaintiff.

See Instruction 5.03. A person commits the offense of disorderly conduct when he knowingly 1 does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace.

Suppose a homeowner is aware they have loose siding on their home. The homeowner doesn't reattach or replace the siding. A gust of wind pulls the siding loose and hits a pedestrian. The pedestrian's lawyer can argue proximate cause because it was reasonable for the homeowner to know their siding was a safety hazard.

15.01 Proximate Cause--Definition When I use the expression “proximate cause,” I mean a cause that, in the natural or ordinary course of events, produced the plaintiff's injury. It need not be the only cause, nor the last or nearest cause. It is sufficient if it combines with another cause resulting in the injury.

If someone's actions are a remote cause of your injury, they are not a proximate cause. However, if your injury would not have occurred “but for” the actions of another, then usually you can conclude there was proximate causation.