Georgia 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 in Georgia, there are specific instructions given to the jury regarding the determination of child support. It is important to understand that the amount of support is not a question for the jury. These instructions outline the role and responsibility of the jury, emphasizing that the determination of child support lies within the jurisdiction of the judge. Keywords: Georgia, instruction to jury, paternity case, child support, amount, question, responsibility, determination, judge. There are different types of Georgia instructions to the jury in a paternity case that emphasize the exclusion of the amount of child support as a question for the jury. Some of these instructions may include: 1. Georgia Instruction to Jury: Amount of Support Excluded — This instruction explicitly states that the jury is not responsible for determining the amount of child support in a paternity case. It explains that the calculation of support is a separate legal matter that will be handled by the judge. 2. Georgia Instruction to Jury: Focus on Paternity Determination — This instruction guides the jury to concentrate on establishing the biological relationship between the alleged father and the child rather than considering the financial aspects of support. It emphasizes that determining child support will be solely decided by the judge. 3. Georgia Instruction to Jury: Jury's Role Limited to Paternity — This instruction outlines the limited scope of the jury's responsibility in a paternity case, emphasizing that their primary duty is to determine paternity. It clarifies that any decisions regarding child support amount will be made exclusively by the judge. 4. Georgia Instruction to Jury: Importance of Judicial Discretion — This instruction highlights the significance of judicial discretion in determining child support amount. It explains that the judge has the authority and expertise to consider various factors, such as the parents' income, child's needs, and any relevant circumstances, in order to reach a fair and appropriate child support determination. Overall, these instructions in a paternity case in Georgia stress that establishing the amount of child support is the court's responsibility, not the jury's.

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Paragraph XVI. Self-incrimination. No person shall be compelled to give testimony tending in any manner to be self-incriminating.

The Georgia Bill of Rights consists of forty paragraphs, which constitute Article I of the Constitution of 1983. Twenty-eight paragraphs enumerate individual rights, nine deal with the origins of government, and three are devoted to ?general provisions.?

Rule 9. The Court may issue supersedeas or other orders whenever deemed necessary. Service of motions for supersedeas shall be made on the opposing party or attorney before filing and so certified. A copy of the order being appealed and a copy of the Notice of Appeal must be included with the motion.

Judicial power of the state. The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, Court of Appeals, and Supreme Court.

The bill of rights is found in Article I of the Georgia Constitution. A bill of rights enumerates certain individual liberties and protects those liberties from governmental intrusion, unless there is a sufficiently compelling justification for government action.

The Preamble to the Georgia State Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution is meant to serve. It expresses in general terms the intentions of its authors and is sometimes referred by the courts.

Paternity: Under Georgia law, paternity establishes the biological condition of being a father but does not establish the legal relationship of the father/child. Superior and state courts have concurrent jurisdiction in paternity proceedings. O.C.G.A. §19-7-40(a).

These rights include custody, visitation, making decisions for the child, accessing the child's medical history, and leaving an inheritance to the child. Without legitimation, only the mom (and the legally presumed father, if any) will have these parental rights.

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Please submit any suggestions to the Pattern Jury Instructions Committee of the Council at the above address. Jul 16, 2021 — We encourage attorneys to submit pattern jury instructions to judges and to do so either by reproducing specific charges contained herein or by ...by JMC Holz · Cited by 22 — As specifically applied to paternity cases, these principles resulted in the approval of an instruction that the jury could consider evidence of the complainant ... Add a document. Click on New Document and choose the form importing option: upload Instruction to Jury in a Paternity Case that the Amount of Support is not a ... A “trial” on the other hand, is a final hearing where the judge will decide all remaining issues and grant a final divorce. At both a trial and an evidentiary ... Georgia, and shall provide that the case will not be assigned to a judge within the circuit in which the sentence was imposed. Within 30 days after the ... Since grounds for appeal relating to jury instructions are often accompanied or completed by grounds relating to the above issues, it could be advisable to ... Paternity cases are not subject to a jury trial. Who may establish Paternity? When parents are not married--A petition to establish the paternity of a child ... Do not fill in the Civil Action Case Number. The clerk will assign a number to your case when you file your Petition in the. Clerk's Office. • Paragraph 1 ... Sep 10, 2019 — If the governing rules or cases aren't clear, counsel should ask the judge to permit the filing of memoranda of law. This preserves the legal ...

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