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Florida Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury

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If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.

In a paternity case, it is important to understand that the amount of support is not a question for the jury in Florida. This means that the jury's task is solely to determine whether the alleged father is indeed the biological parent of the child, and they are not responsible for deciding the specific amount of child support that should be awarded. The Florida Instruction to Jury in a Paternity Case explicitly states that the determination of child support, including the calculation and awarding of the actual amount, is within the jurisdiction of the court and not within the purview of the jury. This is vital information for both the jury members and parties involved in the case, as it clarifies their roles and responsibilities regarding support related matters. While there may not be different types of Florida Instructions to Jury in a Paternity Case that specifically address the amount of support, it is crucial to note that additional instructions may be provided to the jury to guide them in reaching their decision. These instructions may include informing the jury about the legal standards for establishing paternity, the burden of proof, and the importance of considering all evidence presented. However, the determination of child support remains solely within the domain of the court. By understanding that the amount of support is not a question for the jury, the focus of the paternity trial can be maintained on establishing the biological relationship between the alleged father and child. This clarification ensures that the jury can make an informed decision based on the evidence presented to them, while leaving the task of determining the precise amount of support to the court. Therefore, in any Florida Instruction to Jury in a Paternity Case, it is imperative to emphasize that the amount of support is not the responsibility of the jury. This avoids confusion and ensures that the proper legal process is followed, ultimately leading to a fair and just resolution for all parties involved in the case.

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FAQ

We have all heard of a ?Valcin instruction,? a jury instruction imposing a presumption of negligence against a defendant that negligently loses or destroys critical evidence.

It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.

1.480. Rule 1.480 - MOTION FOR A DIRECTED VERDICT (a) Effect. A party who moves for a directed verdict at the close of the evidence offered by the adverse party may offer evidence in the event the motion is denied without having reserved the right to do so and to the same extent as if the motion had not been made.

Pursuant to Florida Rule of Civil Procedure1. 380(e), ESI is spoliated if it (1) should have been preserved due to the anticipation or conduct of litigation, (2) is lost because a party failed to take reasonable steps to preserve it, and (3) cannot be restored or replaced through other discovery measures.

A demand for trial by jury may not be withdrawn without the consent of the parties.

Rule 1.431 - TRIAL JURY (a) Questionnaire. (1) The circuit court may direct the authority charged by law with the selection of prospective jurors to furnish each prospective juror with a questionnaire in the form approved by the supreme court from time to time to assist the authority in selecting prospective jurors.

Valcin, set forth certain criteria for imposing evidentiary presumptions in the event of negligent or intentional destruction of hospital records, as follows: 1) If the hospital is unable to produce the records, the plaintiff must establish that the absence of the records hinders the plaintiff's ability to establish a ...

Florida Standard Jury Instruction (Crim.) 3.7, which is used when requested by a defendant who pleads not guilty, provides in pertinent part that: The defendant has entered a plea of not guilty. This means you must presume or believe the defendant is innocent.

The Florida Standard Jury Instruction #501.5(a) states that jurors should try to separate the amount of harm caused by the accident versus the harm that had existed previously in the body. However, if they cannot do so, then they should award damages for the entire condition suffered by the claimant.

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Florida Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury