Massachusetts Jury Instruction - 6.1 Attorney's Fees And Court Costs In General
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Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
To recover upon a claim of intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant intended to inflict emotional distress or knew or should have known that emotional distress would likely result from his conduct; (2) the defendant's conduct was extreme and outrageous, was beyond all ...
Voir dire is the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties' lawyers.
The trial judge should consider some individual voir dire in all cases to (i) determine whether any juror has an impediment concerning hearing, language or visual ability, mental health, or comprehension and to determine whether a reasonable accommodation would enable the juror to serve; (ii) address any private or ...
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Prospective jurors are selected at random from the resident lists supplied to the OJC every year by each of the 351 cities and towns in Massachusetts. All of a judicial district's resident names are combined into a large database, where they're randomly shuffled by a computer program.
French for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.
The process of selecting a jury is known as voir dire. During voir dire, a panel of people will be questioned by both sides about their background, beliefs, and biases. The jury will be selected from this larger panel.