Illinois Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction Illinois Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction, refers to a specific legal instruction provided to the jury in Illinois courts. This instruction pertains to cases involving allegations of a conspiracy to fix prices, which is considered a violation of the law. Under this instruction, the jury is informed that a per se violation of the law occurs when there is an agreement between two or more parties to fix prices. This means that the mere existence of such an agreement is sufficient to establish guilt, without the need to prove actual anticompetitive effects or harm to competition. However, this instruction also includes an alternative rule of reason instruction. The rule of reason analysis requires the jury to consider the specific facts and circumstances of the alleged conspiracy. It focuses on determining whether the agreement unreasonably restrains trade or results in anticompetitive effects. By including the alternative rule of reason instruction, the jury is given the opportunity to evaluate the evidence and consider whether the alleged conspiracy, despite its existence, may be justifiable under certain circumstances. Factors such as market conditions, potential pro-competitive justifications, and the overall impact on competition are taken into account during this analysis. It's worth noting that there may be different variations or modifications of this instruction, depending on the specific case and court. These variations may include instructions tailored to particular industries or sectors where price-fixing conspiracies are commonly found, such as healthcare, telecommunications, or construction. Overall, Illinois Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction provides the jury with guidance on how to determine liability in cases involving alleged price-fixing conspiracies. It highlights the distinction between per se violations, where the agreement alone establishes guilt, and the rule of reason analysis, which considers additional factors to assess the reasonableness and impact of such agreements on competition.
Illinois Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction
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FAQ
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?
Conspiracy applies to both civil and criminal offenses. For example, you may conspire to commit murder, or conspire to commit fraud.
You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.