The Utah Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification is a legal instruction used in Utah courts to guide the jury in cases involving tying agreements. Tying agreements refer to anticompetitive practices where a seller conditions the sale of one product (the tied product) on the buyer's agreement to purchase another product (the tying product). Such agreements are considered per se violations of antitrust laws. In this jury instruction, Section 1 specifically addresses the defense of justification related to tying agreements. This section provides guidance to the jury on evaluating whether the defendant's conduct was justified despite the presence of a tying agreement. The defense of justification involves the defendant presenting evidence that their actions were necessary or beneficial for legitimate business reasons and not solely for anti-competitive purposes. Keywords: Utah Jury Instruction, 3.3.2, Section 1, Per Se Violation Tying Agreement, Defense of Justification, anticompetitive practices, antitrust laws, tying product, tied product, business reasons, legitimate justification. Different types of Utah Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification may include variations based on specific circumstances and elements of the case being tried. For example, the instruction may be tailored depending on whether the tying arrangement involves physical products or intangible services. Additionally, the instruction may vary based on the type of industry involved, such as technology, healthcare, or manufacturing. The specific facts and legal arguments presented in each case will influence the content and application of this instruction.
Utah Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification
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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.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
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.
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.