Colorado Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification In legal proceedings, Colorado Jury Instruction 3.3.2 Section 1 addresses the concept of a per se violation tying agreement and the potential defense of justification in such cases. This instruction provides guidance to jurors on how to evaluate the evidence and arguments related to tying agreements, which are considered anti-competitive practices in business transactions. A tying agreement occurs when a party with market power conditions the sale or purchase of one product or service (the "tying product") on the additional purchase or sale of a different product or service (the "tied product"). Such agreements can restrict competition, harm consumers, and undermine market efficiency. Per se violation refers to a legal doctrine that categorizes certain types of agreements as inherently anti-competitive, meaning they are presumed to harm competition without requiring further analysis. In the context of tying agreements, if certain conditions are met, they may be deemed per se violations of competition laws. The defense of justification, also known as the defense of legitimate business justification, allows the accused party to present evidence and arguments to justify the tying agreement and explain why it is not anti-competitive. This defense seeks to demonstrate that the agreement serves legitimate business purposes and does not harm competition in the relevant market. It is important to note that this section of the jury instruction is just one part of the broader instruction on tying agreements. Depending on the specifics of the case and the evidence presented, there may be additional subsections or variations of this instruction that address different aspects or elements related to tying agreements, per se violations, and defense of justification. Overall, this instruction guides the jurors in understanding the legal framework surrounding tying agreements, determining if a per se violation is established, and considering whether the defense of justification renders the tying agreement legitimate in the context of the specific case.
Colorado Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification
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Expert-Verified Answer. When the employer and employee have not agreed otherwise, the employment is "at will." This means the employment is voluntary and indefinite for both the employer and the employee. The employer can terminate the employment at any time for any reason not contrary to law.
The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
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?
Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.
An example of preponderance of evidence is presenting enough evidence to convince a civil court that a plaintiff's dust allergies were caused by a faulty air conditioning unit, rather than their incorrect installation of the unit. The court does not need to be 100% convinced by this.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
In most civil cases, the standard of proof is ?a preponderance of the evidence.? This standard requires the jury to return a judgment in favor of the plaintiff if the plaintiff is able to show that a particular fact or event was more likely than not to have occurred.