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Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...
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 ...
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt.
The prosecution must prove ?each material allegation? made against the defendant beyond a reasonable doubt. A reasonable doubt is ?not a mere possible doubt, a speculative, imaginary or forced doubt.? A reasonable doubt can ?arise from the evidence, conflict in the evidence, or the lack of evidence.?
A jury will be instructed at trial in a case pursued on a principal theory that a principal must be treated as if he or she had done all the things the other person or persons did.
Meanwhile, Florida's Civil Jury Instruction Section 401.9, which can be applied to traffic regulations, holds that violation of certain statutes is considered evidence of negligence, though not necessarily conclusive evidence of negligence. Negligence of a common carrier.