Ohio Jury Instruction - Counterfeiting
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How to fill out Ohio Jury Instruction - Counterfeiting?
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FAQ
What is the difference between proximate cause and actual cause? Actual cause, or cause in fact, is the direct cause of an accident. Proximate cause, or legal cause, is an underlying cause of an accident. For example, if a truck driver swerves and hits a car, the driver is the actual cause of the accident.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
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.
The OJI defines proximate cause as follows, "'(Proximate) (Direct) cause' is an act or failure to act that in the natural and continuous sequence directly produced the (injury) (death) (damages) and without which the (injury) (death) (damages) would not have occurred." Ohio Jury Instructions, CV Section 405.01 (Rev.
The question of proximate cause in most tort cases is to be resolved by the jury. The jury is the finder of fact. The jury is called upon to decide whether the negligent conduct was a near cause. If the jury answers that question with a Yes then the plaintiff wins.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Cause in fact and proximate cause are 'ordinarily jury questions, unless the uncontroverted facts and inferences to be drawn from them make it so clear that all reasonable persons must agree on the proper outcome. 'Haynes v. Hamilton County, [883 S.W. 2d 606, 612 (Tenn.
There may be more than one proximate cause for the same injury. The acts of different persons, though otherwise independent, may concur in producing the same injury. In such a case all would be liable.