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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.
Texas Pattern Jury Charges?Malpractice, Premises & Products is intended to assist the bench and bar in preparing the court's charge in jury cases. It provides definitions, instructions, and questions needed to submit jury charges in professional malpractice, premises, and products cases.
Selected Pattern Jury Instructions & Charges From James Publishing. Also available on Westlaw: and Lexis: (Older edition available on Bloomberg Law.)
If there is error in the jury charge and the defendant objects to it, the appellate court will reverse if the defendant suffers any harm. 27 Jury charge error to which the defense does not object at trial can still be reviewed on appeal, but on appeal, the conviction will be reversed only if the harm is egregious.
Lexis offers access to civil and criminal instructions. These instructions are the same as those published in Texas Pattern Jury Charges. Westlaw & Lexis both include some filed Texas jury instructions in their trial court document databases.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
General Contract Questions The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
Whenever a question requires an answer other than "yes" or "no," your answer must be based on a preponderance of the evidence [unless you are told otherwise]. The term "preponderance of the evidence" means the greater weight of credible evidence presented in this case.