North Carolina Jury Instruction 3.3.1 Section 1 is a set of guidelines provided to jurors in North Carolina courts regarding the concept of Per Se Violation Conspiracy To Fix Prices, including an Alternative Rule of Reason Instruction. These instructions aim to educate jurors on the legal standards and principles involved in determining whether a conspiracy to fix prices has occurred. In cases involving allegations of price-fixing conspiracies, jurors receive detailed instructions on the various aspects of the offense. The North Carolina Jury Instruction 3.3.1 Section 1 covers two distinct approaches in analyzing such cases: the Per Se Violation and the Rule of Reason. Per Se Violation is one of the approaches used to determine the illegality of a price-fixing conspiracy. It categorically deems certain types of agreements or practices as illegal without considering their specific justifications or effects. This instruction guides jurors to evaluate whether the alleged conspiracy falls under a category of per se illegal agreements, such as horizontal price-fixing. On the other hand, the Alternative Rule of Reason Instruction provides jurors with an alternative framework for assessing a price-fixing conspiracy. Under the Rule of Reason approach, the court examines the specific facts and circumstances of the alleged conspiracy and evaluates its competitive effects. This instruction outlines the factors that jurors should consider in determining whether the alleged conduct unreasonably restrained trade or competition. Factors such as market power, potential benefits, and pro-competitive justifications are taken into account. It is important to note that these instructions serve as legal guidance for the jurors and do not imply guilt or innocence. The final decision rests with the jury based on their assessment of the evidence presented during the trial. In summary, North Carolina Jury Instruction 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction, provides comprehensive guidelines to jurors in North Carolina courts when dealing with cases involving accusations of price-fixing conspiracies. By covering both the Per Se Violation and Rule of Reason approaches, jurors are equipped to evaluate the evidence and make an informed decision regarding the alleged illegal conduct.
North Carolina Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction
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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.
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.
Conspiracy applies to both civil and criminal offenses. For example, you may conspire to commit murder, or conspire to commit fraud.
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.