North Dakota Jury Instruction - 2.2 Consideration Of The Evidence Duty To Follow Instructions Corporate Party Involved
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FAQ
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: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
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.
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
You may make the request to be excused when completing the juror qualification questionnaire. If you wish to make the request after you have returned the questionnaire, you must submit a written request for excuse.
The jury never sees untrustworthy, irrelevant, or prejudicial evidence, as it is excluded by the judge. But when there is no jury, the judge sees all the evidence and can't unsee it. It might be difficult for a judge to disregard inadmissible evidence, no matter how unbiased and conscientious the judge might be.