Washington Jury Instruction — 4.4.2 Rule 10(b— - 5(b) Misrepresentations — Omissions of Material Facts refers to a legal instruction given to the jury in Washington State regarding the liability of a defendant for making false statements or omitting important information related to a case. This instruction is commonly used in civil cases where a party is accused of misrepresenting or omitting material facts to deceive or mislead the other party involved. This jury instruction is based on two different rules: Rule 10(b) and 5(b). Rule 10(b) specifies that it is unlawful for any person to employ any device, scheme, or artifice to defraud, or to engage in any act, practice, or course of business which operates as a fraud or deceit upon any person in connection with the purchase or sale of any security. On the other hand, Rule 5(b) establishes that any person is liable to another for any misrepresentation or omission of any material fact if the person makes the omission or misrepresentation with intent to deceive or manipulate the recipient of the information. Under Washington Jury Instruction — 4.4.2 Rule 10(b— - 5(b) Misrepresentations — Omissions of Material Facts, the jury is tasked with determining whether the defendant intentionally made misrepresentations or omitted material facts, and if so, whether these actions were made with the intention to deceive or manipulate the recipient of the information. The instruction allows the jury to consider whether the defendant's actions were deliberate and aimed at influencing the outcome of a transaction, leading the other party to make decisions based on inaccurate or incomplete information. In some cases, there may be different types of misrepresentations or omissions of material facts that the jury needs to consider. These can include factual misrepresentations (where the defendant intentionally states something false as a fact), false promises (where the defendant makes promises they know they cannot fulfill), concealment of material information (where the defendant knowingly hides crucial details), or half-truths (where the defendant discloses only part of the relevant information). In summary, Washington Jury Instruction — 4.4.2 Rule 10(b— - 5(b) Misrepresentations — Omissions of Material Facts provides guidance to the jury in cases involving allegations of intentional misrepresentations or omissions of important information. The instruction helps the jury evaluate whether the defendant engaged in deceptive or manipulative actions with the intention to defraud or mislead the other party. Different types of misrepresentations and omissions may be considered, such as factual misrepresentations, false promises, concealment of material information, or half-truths.
Washington Jury Instruction - 4.4.2 Rule 10(b) - 5(b) Misrepresentations - Omissions Of Material Facts
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WPI 10.01 Negligence?Adult?Definition. Negligence is the failure to exercise ordinary care.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.
WPIC 2.13 Malice?Maliciously?Definition. Malice and maliciously mean an evil intent, wish, or design to vex, annoy, or injure another person. [Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.]
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 pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn.