Michigan Jury Instruction - 1.1 Comparative Negligence Defense

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Multi-State
Control #:
US-11C-0-1-1
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Word; 
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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.

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FAQ

The instructions are intended to describe trial procedures and duties in a manner that makes the legal process comprehensible to jurors, and to correctly state the law so that the jurors can apply it to the facts as they determine them to be.

(18 U.S.C. § 2(a)) The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit [specify crime charged].

In some cases, the defense may benefit from a hung jury if it suggests that the evidence against the defendant is not strong enough to convince all 12 jurors of their guilt. On the other hand, the prosecution may benefit from a hung jury if it suggests that the case is still strong enough to pursue a retrial.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.

(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.

Model Jury Instruction - A form jury instruction usually approved by a state bar association or similar group regarding matters arising in a typical case. Courts usually accept model jury instructions as authoritative.

Not all circuits have published jury instructions: the Second and Fourth Circuits do not. The United States Court of Appeals for the Federal Circuit is a unique court in that it has nationwide jurisdiction in a variety of subject areas. Appeals are heard by panels comprised of three judges.

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Michigan Jury Instruction - 1.1 Comparative Negligence Defense