Nebraska Jury Instruction - 6.1 Burden Of Proof When Only Plaintiff Has Burden Of Proof

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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

?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.

Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. 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.

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.

A hung jury is a jury that is unable to reach a verdict by the required voting margin. A hung jury will often lead to a retrial of the case. In some cases, the judge may instruct the jury to continue their deliberation, but this is not a common practice.

Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.

In it, a young journalist (Metcalfe) sets himself up as a murderer to expose the unethical practices of a star prosecutor with a trumped up conviction record (Douglas), but finds himself unable to produce the evidence he had prepared to restore his innocence.

In criminal cases, the prosecution is required to prove the defendant's guilt beyond a reasonable doubt. This means that the evidence presented must be so convincing that no reasonable person could have any doubts about the defendant's guilt.

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Nebraska Jury Instruction - 6.1 Burden Of Proof When Only Plaintiff Has Burden Of Proof