Virginia Jury Instruction - 2.3 Consideration Of The Evidence Duty To Follow Instructions Governmental Entity Or Agency Involved
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FAQ
Rule 51 governs instructions to the trial jury on the law that governs the verdict. A variety of other instructions cannot practicably be brought within Rule 51. Among these instructions are preliminary instructions to a venire, and cautionary or limiting instructions delivered in immediate response to events at trial.
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.
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.
The plaintiff has the burden of proof, which means he or she must not only prove that he or she is entitled to win the case, but also must prove the amount due. If a party wishes to appeal the judgment and the amount in dispute exceeds $20, the party may file an appeal of the case to the circuit court for a new trial.
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
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. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
"Preponderance of evidence" is evidence that is of greater weight or more convincing than the evidence offered in opposition.