| CASE NO. __________ | ||
| _______________, Plaintiff, v. _______________, Defendant. |
||
PATTERN JURY INSTRUCTIONS
1ST CIRCUIT COURT OF APPEALS
PART 3
BASIC INSTRUCTIONS
3 PJI 1 | INTRODUCTION
ANNOTATIONS AND COMMENTS
3 PJI 2 | DUTY TO FOLLOW INSTRUCTIONS - NO CORPORATE PARTY INVOLVED
You must follow the law as I explain it – even if you do not agree with the law – and you must follow all of my instructions as a whole. You must not single out or disregard any of the instructions on the law.
ANNOTATIONS AND COMMENTS
3 PJI 2.2 | DUTY TO FOLLOW INSTRUCTIONS – CORPORATE PARTY INVOLVED
You must follow the law as I explain it – even if you do not agree with the law – and you must follow all of my instructions as a whole. You must not single out or disregard any of the instructions on the law.
The fact that a corporation is involved as a party must not affect your decision in any way. A corporation and all other persons stand equal before the law and must be dealt with as equals in a court of justice. When a corporation is involved, of course, it may act only through people as its employees; and, in general, a corporation is responsible under the law for the acts and statements of its employees that are made within the scope of their duties as employees of the company.
ANNOTATIONS AND COMMENTS
3 PJI 2.3 | DUTY TO FOLLOW INSTRUCTIONS – GOVERNMENT ENTITY OR AGENCY INVOLVED
You must follow the law as I explain it – even if you do not agree with the law – and you must follow all of my instructions as a whole. You must not single out or disregard any of the instructions on the law.
The fact that a governmental entity or agency is involved as a party must not affect your decision in any way. A governmental agency and all other persons stand equal before the law and must be dealt with as equals in a court of justice. When a governmental agency is involved, of course, it may act only through people as its employees; and, in general, a governmental agency is responsible under the law for the acts and statements of its employees that are made within the scope of their duties as employees of the governmental agency.
ANNOTATIONS AND COMMENTS
3 PJI 3 | CONSIDERATION OF DIRECT AND CIRCUMSTANTIAL EVIDENCE; ARGUMENT OF COUNSEL; COMMENTS BY THE COURT
You shouldn’t assume from anything I’ve said that I have any opinion about any factual issue in this case. Except for my instructions to you on the law, you should disregard anything I may have said during the trial in arriving at your own decision about the facts.
Your own recollection and interpretation of the evidence is what matters.
In considering the evidence you may use reasoning and common sense to make deductions and reach conclusions. You shouldn’t be concerned about whether the evidence is direct or circumstantial.
“Circumstantial evidence” is proof of a chain of facts and circumstances that tend to prove or disprove a fact. There’s no legal difference in the weight you may give to either direct or circumstantial evidence.
ANNOTATIONS AND COMMENTS
3 PJI 4 | CREDIBILITY OF WITNESSES
To decide whether you believe any witness I suggest that you ask yourself a few questions:
2. Did the witness have any particular reason not to tell the truth?
3. Did the witness have a personal interest in the outcome of the case?
4. Did the witness seem to have a good memory?
5. Did the witness have the opportunity and ability to accurately observe the things he or she testified about?
6. Did the witness appear to understand the questions clearly and answer them directly?
7. Did the witness’s testimony differ from other testimony or other evidence?
ANNOTATIONS AND COMMENTS
3 PJI 5.1 | IMPEACHMENT OF WITNESSES BECAUSE OF INCONSISTENT STATEMENTS
But keep in mind that a simple mistake doesn’t mean a witness wasn’t telling the truth as he or she remembers it. People naturally tend to forget some things or remember them inaccurately. So, if a witness misstated something, you must decide whether it was because of an innocent lapse in memory or an intentional deception. The significance of your decision may depend on whether the misstatement is about an important fact or about an unimportant detail.
ANNOTATIONS AND COMMENTS
3 PJI 5.2 | IMPEACHMENT OF WITNESSES BECAUSE OF INCONSISTENT STATEMENTS OR FELONY CONVICTION
To decide whether you believe a witness, you may consider the fact that the witness has been convicted of a felony or a crime involving dishonesty or a false statement.
But keep in mind that a simple mistake doesn’t mean a witness wasn’t telling the truth as he or she remembers it. People naturally tend to forget some things or remember them inaccurately. So, if a witness misstated something, you must decide whether it was because of an innocent lapse in memory or an intentional deception. The significance of your decision may depend on whether the misstatement is about an important fact or about an unimportant detail.
ANNOTATIONS AND COMMENTS
3 PJI 6.1 | EXPERT WITNESS
But that doesn’t mean you must accept the witness’s opinion. As with any other witness’s testimony, you must decide for yourself whether to rely upon the opinion.
ANNOTATIONS AND COMMENTS
3 PJI 6.2 | EXPERT WITNESS – WHEN EXPERT FEES REPRESENT A SIGNIFICANT PORTION OF THE WITNESS’S INCOME
But that doesn’t mean you must accept the witness’s opinion. As with any other witness’s testimony, you must decide for yourself whether to rely upon the opinion.
When a witness is being paid for reviewing and testifying concerning the evidence, you may consider the possibility of bias and should view with caution the testimony of such witness where court testimony is given with regularity and represents a significant portion of the witness’s income.
ANNOTATIONS AND COMMENTS
3 PJI 7.1 | RESPONSIBILITY FOR PROOF - PLAINTIFF'S CLAIM[S], CROSS CLAIMS, COUNTERCLAIMS - PREPONDERANCE OF THE EVIDENCE
[When more than one claim is involved, you should consider each claim separately.]
In deciding whether any fact has been proved by a preponderance of the evidence, you may consider the testimony of all of the witnesses, regardless of who may have called them, and all of the exhibits received in evidence, regardless of who may have produced them.
If the proof fails to establish any essential part of [the Plaintiff’s] [a party’s] claim[s] by a preponderance of the evidence, you should find for the [Defendant] [Counter-Defendant, Cross-Claim Defendant] as to that claim.
ANNOTATIONS AND COMMENTS
3 PJI 7.2 | RESPONSIBILITY FOR PROOF - AFFIRMATIVE DEFENSE PREPONDERANCE OF THE EVIDENCE
[When more than one affirmative defense is involved, you should consider each one separately.]
I caution you that the [Defendant, Counter-Defendant, cross-claim Defendant] does not have to disprove the [Plaintiff’s] [Counter-Plaintiff’s] [cross-claimant’s] claim[s], but if the [Defendant, Counter-Defendant, cross-claim Defendant] raises an affirmative defense, the only way [he/she/it] can prevail on that specific defense is if [he/she/it] proves that defense by a preponderance of the evidence.
ANNOTATIONS AND COMMENTS
3 PJI 8.1 | DUTY TO DELIBERATE WHEN ONLY THE PLAINTIFF CLAIMS DAMAGES
Your verdict must be unanimous – in other words, you must all agree. Your deliberations are secret, and you’ll never have to explain your verdict to anyone.
Each of you must decide the case for yourself, but only after fully considering the evidence with the other jurors. So you must discuss the case with one another and try to reach an agreement. While you’re discussing the case, don’t hesitate to reexamine your own opinion and change your mind if you become convinced that you were wrong. But don’t give up your honest beliefs just because others think differently or because you simply want to get the case over with.
Remember that, in a very real way, you’re judges – judges of the facts. Your only interest is to seek the truth from the evidence in the case.
ANNOTATIONS AND COMMENTS
3 PJI 8.2 | DUTY TO DELIBERATE WHEN BOTH PLAINTIFF AND DEFENDANT CLAIM DAMAGES OR WHEN DAMAGES ARE NOT AN ISSUE
Each of you must decide the case for yourself, but only after fully considering the evidence with the other jurors. So you must discuss the case with one another and try to reach an agreement. While you’re discussing the case, don’t hesitate to reexamine your own opinion and change your mind if you become convinced that you were wrong. But don’t give up your honest beliefs just because others think differently or because you simply want to get the case over with.
Remember that, in a very real way, you’re judges – judges of the facts. Your only interest is to seek the truth from the evidence in the case.
ANNOTATIONS AND COMMENTS
3 PJI 9 | ELECTION OF FOREPERSON EXPLANATION OF VERDICT FORMS
A verdict form has been prepared for your convenience.
[Explain verdict]
Take the verdict form with you to the jury room. When you’ve all agreed on the verdict, your foreperson must fill in the form, sign it and date it. Then you’ll return it to the courtroom.If you wish to communicate with me at any time, please write down your message or question and give it to the court security officer. The court security officer will bring it to me and I’ll respond as promptly as possible – either in writing or by talking to you in the courtroom. Please understand that I may have to talk to the lawyers and the parties before I respond to your question or message, so you should be patient as you await my response. But I caution you not to tell me how many jurors have voted one way or the other at that time. That type of information should remain in the jury room and not be shared with anyone, including me, in your note or question.
ANNOTATIONS AND COMMENTS
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this item in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
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