West Virginia Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction
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Criminal trial overview Pick a jury and evidence issues. Jury selection. ... Opening statements. Both sides start by giving an overview of what they plan to show at the trial. ... Prosecution presents its case. The prosecution presents its witnesses and evidence. ... Defense presents it case. ... Closing arguments. ... Jury makes a decision.
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.
Under the ?rule of reason,? if any anticompetitive harm would be outweighed by the practice's procompetitive effects, the practice is not unlawful. Virtually all antitrust offenses likely to be prosecuted by a United States Attorney's office will be governed by the ?per se? rule.
Hear this out loud PauseJury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law.
In US law, the term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter (knowledge) or other defenses. Acts are made illegal per se by statute, constitution or case law.
Hear this out loud PauseThe judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
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.
Hear this out loud PauseThe judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.