New York Jury Instruction — 1.1.2 Public Employee First Amendment Claim Discharge — Failure To Promote Political Disloyalty — Key Employee This jury instruction relates to a specific legal scenario concerning public employees in New York who claim that they have been discharged or not promoted due to their perceived political disloyalty as protected by the First Amendment. Below is a detailed description of this instruction, along with some relevant keywords: Description: New York Jury Instruction — 1.1.2 addresses cases where a public employee asserts a First Amendment claim against their employer, alleging discharge or failure to promote based on political disloyalty. In such cases, the court instructs the jury on how to assess the employee's claim and determine liability. Keywords: — New York: This instruction is specific to New York law, referring to the legal framework and precedents established within the state. — Jury Instruction: It outlines the guidelines provided to the jury during a trial, detailing how they should evaluate the evidence and apply the law to reach a verdict. — Public Employee: Refers to an individual who is employed by a governmental entity or a publicly funded institution. — First Amendment Claim: Relates to an employee's assertion that their employer violated their rights protected by the First Amendment of the United States Constitution, such as freedom of speech or political belief. — Discharge: The termination of employment, also known as being fired or dismissed from the job. — Failure to Promote: Occurs when an employee is passed over for a deserved promotion, potentially due to discriminatory reasons or political disloyalty. — Political Disloyalty: The perception that an employee is disloyal to their employer's political interests, possibly stemming from their outspoken beliefs, affiliations, or activities. — Key Employee: A term used in this context to identify employees who hold positions of significance, influence, or confidentiality within the public sector. Additional types of New York Jury Instruction — 1.1.2 Public Employee First Amendment Claim Discharge — Failure To Promote Political Disloyalty — Key Employee may exist if variations or specific circumstances are covered under this instruction. However, without further information or specific cases, it is not possible to provide a comprehensive list of alternative types. It is essential to consult legal resources or professional advice to understand the complete range of instructions applicable to different scenarios within this topic.
New York Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
The judge in a criminal case tells the jury what the law is. The jury must determine what the true facts are. On that basis, the jury has only to determine whether the defendant is guilty or not guilty of each offense charged.
What instructions does the judge give to the jury 12 Angry Men? The judge instructs them that if there is any reasonable doubt, the jurors are to return a verdict of not guilty; if found guilty, the defendant will receive a mandatory death sentence via the electric chair. The verdict must be unanimous.
The judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
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.
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.
Thus, to demonstrate a First Amendment violation, a citizen plaintiff must provide evidence showing that ?by his actions [the defendant] deterred or chilled [the plaintiff's] political speech and such deterrence was a substantial or motivating factor in [the defendant's] conduct.? Id.