Wisconsin Jury Instruction - 2.1 Consideration Of The Evidence Duty To Follow Instructions No Corporate Party Involved
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General Verdict. The burden, called the burden of proof, is on the plaintiff to satisfy you by the greater weight of the credible evidence, to a reasonable certainty, that you should find for the plaintiff. If you are not so satisfied, you must find for the defendant.
After the trial jury is sworn, all statements or comments by the judge to the jury or in their presence relating to the case shall be on the record. (2) Preliminary instructions and note taking. (a) After the trial jury is sworn, the court shall determine if the jurors may take notes of the proceedings: 805.13(2)(a)1.
It is the judge's duty to instruct the jury clearly and correctly as to the law applicable to the issues in the case.
The burden of proof as to each question in the verdict is on the plaintiff to convince you to a reasonable certainty by evidence that is clear, satisfactory, and convincing that the question should be answered "yes. "
A verdict agreed to by five-sixths of the jurors shall be the verdict of the jury. If more than one question must be answered to arrive at a verdict on the same claim, the same five-sixths of the jurors must agree on all the questions.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
?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.