Orange California Jury Instruction - 1.5.2 Reasonable Accommodation Claim
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FAQ
At least six people make up a civil jury. The jury must come to a unanimous decision unless specified otherwise. The standard of proof is a ?preponderance of the evidence,? or ?more likely than not.?
Citation Data MLA. prepared by Committee on Model Jury Instructions, Ninth Circuit. Manual of Model Civil Jury Instructions for the Ninth Circuit.APA. prepared by Committee on Model Jury Instructions, Ninth Circuit. ( 1993).Chicago. prepared by Committee on Model Jury Instructions, Ninth Circuit.
Six (6) qualified jurors shall try circuit or county civil cases. In addition, one alternate is typically selected. Authority: Section 69.071, Florida Statutes.
The vast majority of Civil cases tried in court do not have a jury (libel and slander trials are the main exceptions). Most often a judge hears them on their own, deciding them by finding facts and applying the relevant law.
The defendant has asserted the affirmative defense of ?undue hardship.? A defendant is not required to provide an accommodation that will impose an undue hardship on the operation of the defendant's business.
A determination of undue hardship should be based on several factors, including: the nature and cost of the accommodation needed; the overall financial resources of the facility making the reasonable accommodation; the number of persons employed at this facility; the effect on expenses and resources of the facility;
Number of Jurors. Twelve persons shall constitute a jury to try all capital cases, and 6 persons shall constitute a jury to try all other criminal cases.
For example, courts have found undue hardship where the accommodation diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, impairs workplace safety, or causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work.
The jury trial is an exciting feature of our criminal justice system. When people are accused of serious offences, they generally have a right to be tried by 12 members of the public.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.