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?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.
If the jury is allowed to separate (leave the courthouse) during deliberation, the judge will have the jury come to the box and will instruct them regarding the separation. In a criminal case, the bailiff should check with the judge about whether the defendant should be present.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case from the differing versions presented by the parties at trial.
After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict. During deliberations, the jurors may have questions about the evidence or the instructions.
Any party may request in writing that the court instruct the jury on the law as specified in the request. The request must be made at the close of the evidence or at any earlier time that the court reasonably sets. When the request is made, the requesting party must furnish a copy to every other party.
When a six-person jury is used in Oregon, all six jurors must agree on the verdict. When a twelve-person jury is used in Oregon, typically only ten of the twelve jurors must agree on the verdict (however, a unanimous verdict is required in capital murder cases).
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.