Missouri Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction

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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.

Missouri Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction is a legal instruction that provides guidelines for determining liability in antitrust cases where there is an alleged conspiracy to fix prices. This instruction is specific to Missouri and is used by judges to guide juries in these cases. Keywords: Missouri, jury instruction, antitrust, per se violation, conspiracy to fix prices, alternative rule of reason, liability. The Missouri Jury Instruction — 3.3.1 Section 1 distinguishes between two types of instructions when it comes to conspiracy to fix prices cases: the Per Se Violation Instruction and the Alternative Rule of Reason Instruction. 1. Per Se Violation Instruction: The Per Se Violation Instruction is used when the alleged conspiracy to fix prices involves conduct that is considered inherently illegal and anti-competitive. Under this instruction, if the jury finds that a conspiracy to fix prices existed, it must presume that the conduct is illegal and violates the antitrust laws. The burden of proof then shifts to the defendant(s) to demonstrate any justifiable or legitimate business reasons for their actions. 2. Alternative Rule of Reason Instruction: The Alternative Rule of Reason Instruction is used when the alleged conspiracy to fix prices involves conduct that may potentially have legitimate or pro-competitive justifications. This instruction requires the jury to engage in a more detailed analysis of the evidence and assess the reasonableness and potentially pro-competitive effects of the alleged conduct. The jury must consider all relevant factors, such as market conditions, business justifications, and potential benefits, to determine whether the conspiracy violates antitrust laws. These two types of instructions, the Per Se Violation Instruction and the Alternative Rule of Reason Instruction, provide guidance to juries in antitrust cases related to price-fixing conspiracies in Missouri. By using these instructions, the court aims to ensure fair and consistent decision-making, considering both the potential harm to competition and any justifiable reasons for the alleged conduct.

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It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.

If the jury is allowed to separate (leave the courthouse) during deliberation, the judge will have the jury come to the box and will instruct them regarding the separation. In a criminal case, the bailiff should check with the judge about whether the defendant should be present.

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.

Judge's Instructions on the Law 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.

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.

(6) The judge instructs or charges the jury as to the law. (7) The jury retires to deliberate. (8) The jury reaches its verdict. During the trial, witnesses called by either side may be cross-examined by the lawyers on the other side.

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1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule Of Reason Instruction? Use the most extensive legal catalogue of forms. Jan 17, 2001 — Price Fixing is Per Se Unreasonable. GOVERNMENT'S REQUEST NO. 13 ... a price-fixing conspiracy in violation of Section One of the Sherman Act.It is your duty as jurors to follow the law as stated in the instructions, and to apply that law to the facts you find from the evidence. by JP Davis · 2016 · Cited by 3 — rule of reason, not to a per se antitrust violation."' 8 So a jury considering a claim of horizontal price fixing would not be asked to assess market power or. In drafting instructions, the Committee has attempted to use simple language, short ... '' Where more than one manner of violating a statute is charged, the ... Instructions from this section of the Los. Angeles Charge to the Grand Jury include: ... finds that the attorney has violated [Section] 23A-5-1: or that such ... Summary; Front Matter; Chapter 1 First Considerations; Chapter 2 UDAP Scope; Chapter 3 Demonstrating That a Practice Is a UDAP Violation by EL Thomas · 1996 · Cited by 1 — MISSOURI LAW REVIEW that the court could send a complete and logical set of instructions to the jury without including a converse instruction. In this ... ... PART ONE: INTRODUCTION AND OVERVIEW. Chapter 1. Introduction. 1.1. The Nature and Purpose of the Manual. This Trial Manual is a how-to-do-it guidebook for ... companies that underwrite bail bonds in California, in concert with bail agents and others, have violated antitrust law by conspiring to fix the prices of the ...

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Missouri Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction