Maine Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Maine Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification, is a legal instruction given to a jury in Maine regarding tying agreements. Tying agreements are a form of anticompetitive practice where a seller requires a buyer to purchase a certain product or service as a condition for obtaining another product or service. In this instruction, the jury is informed about the per se violation of a tying agreement, which means that the agreement is regarded as illegal without considering its economic impact or justification. However, the instruction also introduces the defense of justification, which allows the defendant to argue that their tying arrangement is necessary for business efficiency, innovation, or other legitimate reasons. The purpose of this jury instruction is to guide the jury in determining whether a per se tying agreement violation has occurred, and whether the defense of justification raised by the defendant is reasonable and valid. The instruction provides relevant legal principles and factors the jury should consider while evaluating the evidence and arguments presented. Different types or variations of Maine Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification, may include: 1. Per Se Violation of a Tying Agreement: — This instruction focuses on explaining the legal concept of per se tying agreement violation and highlights the element of illegality without considering potential justifications. 2. Defense of Justification — Business Efficiency— - This instruction highlights the defense of justification based on business efficiency, where the defendant argues that the tying arrangement is necessary for cost-effective operations, streamlined processes, or other efficiency-related reasons. 3. Defense of Justification — Innovation— - This instruction emphasizes the defense of justification based on innovation, where the defendant asserts that the tying agreement fosters technological advancement, product development, or enhances competition in the market. 4. Defense of Justification — Other Legitimate Reasons— - This instruction addresses the defense of justification based on other legitimate reasons not covered in the previous instructions. It allows the defendant to present arguments supporting the necessity of the tying agreement for reasons such as quality control, customer satisfaction, or market protection. The specific type of instruction used will depend on the nature of the case and the arguments put forth by the parties involved. The jury will be instructed accordingly to ensure a fair and informed assessment of the tying agreement and the defense of justification.

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The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.

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.

Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.

The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.

PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.

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Maine Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification