Wisconsin Jury Instruction - Fraudulent Receipt Of VA Benefits
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FAQ
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.
Yes. Every juror must agree on the verdict. This is known as a unanimous verdict. If the jury cannot agree, then the judge must declare a mistrial.
?The proximate cause of an event is that act or omission which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces the event, and without which that event would not have occurred.? Williams v. Cong Le, 276 Va.
The question of proximate cause in this context is ordinarily for the jury unless the facts are undisputed and do not admit reasonable differences of opinion, in which case cause in fact is a question of law for the court.
Generally speaking, the citation includes the case name, followed by the reporter volume, the reporter abbreviation, the first page of the case, the specific page for the cited material, and the court abbreviation and date in parentheses (unless the court name is obvious from the reporter abbreviation).
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.
The rules are commonly referred to as CACI (pronounced "Casey"). The preceding civil jury instructions, called BAJI (for Book of Approved Jury Instructions) is no longer approved by state court rules. For criminal jury instructions, the approved instructions are CALCRIM (for California Criminal Jury Instructions).
The Civil, Criminal, and Children's Jury Instructions Committees are standing committees of the Wisconsin Judicial Conference. These committees prepare model jury instructions for Wisconsin circuit court judges. Current committee members are listed on the Wisconsin Judicial Conference committee list.
A proximate cause of [an accident; an injury; damages; death] is a cause that, in natural and continuous sequence, produces the [accident; injury; damage; death]. It is a cause without which the [accident; injury; damage; death] would not have occurred.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."