Ninth Circuit Manual Of Model Jury Instructions Civil

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Ninth Circuit Manual ofModel Jury InstructionsCivil2007

INTRODUCTIONThis Manual of Model Civil Jury Instructions (“Manual”) has been prepared to helpjudges communicate effectively with juries.The instructions in this manual are models. They must be reviewed carefully before usein a particular case. They are not a substitute for the individual research and drafting that may berequired in a particular case, nor are they intended to discourage judges from using their ownforms and techniques for instructing juries. See McDowell v. Calderon, 130 F.3d 833, 840 (9thCir. 1997).The Jury Instructions Committee considers suggestions from judges, staff andpractitioners about possible revisions, additions and deletions. After careful assessment andresearch, many of these suggestions are adopted. Revisions are available online. They are latercompiled and published in the printed version of the Manual. The committee stronglyencourages users of this book to make suggestions for further revisions and updates. Asuggestion form has been included in the back of this book for that purpose.The Manual is periodically reprinted. Publication of any edition of the Manualnecessarily presents a snap-shot of an ongoing research and drafting process. Accordingly, eventhe most recently dated edition of the Manual does not guarantee that one is using instructionsthat are up to date. All instructions in this edition are coded to indicate the year they were lastapproved by the Committee. The code appears at the bottom of the page upon which aninstruction appears (e.g. “Approved 2006”). Users of the Manual should check the date todetermine when an instruction was last approved. The entire publication and any later changescan be found under the “Publications” area of the Ninth Circuit’s website athttp://www.ce9.uscourts.gov . This edition is current as to instructions approved in September2006.This edition contains a substantial revision and reorganization of many chapters. Forexample, former Chapters 1-5 have been reorganized as three chapters: Chapter 1 (“Instructionson the Trial Process”), Chapter 2 (“Instructions on Types of Evidence”), and Chapter 3(“Instructions on Deliberations”). Chapter 9 (“Civil Rights Actions—42 U.S.C. § 1983”) andChapter 10 (“Civil Rights—Title VII—Employment Discrimination; Harassment; Retaliation”)have been substantially revised and expanded. To assist users, the committee has included atable listing the old instruction numbers in the 2001 edition and the corresponding numbers inthe 2007 edition.These model instructions have been reviewed by various members of the federal benchand bar. The committee extends its thanks to those who reviewed and commented on variousparts of the book. The committee also extends its thanks to Ninth Circuit Office of the CircuitExecutive staff members Robin Donoghue and Debra Landis. In addition, the committeeacknowledges with gratitude the singular contributions of Joseph Franaszek, Esq. For manyyears, Mr. Franaszek has worked with the committee on a voluntary basis, providing carefulresearch and drafting assistance, as well as a unique “institutional memory” that enables the2

shifting members of the committee to understand how existing instructions came to beformulated. Mr. Franaszek has performed an invaluable service to the Ninth Circuit and the Barand has earned the committee’s enduring respect.CAVEATThese model-jury instructions are written and organized by district judges and magistratejudges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief CircuitJudge. The judges on the Ninth Circuit Court of Appeals do not serve on the committee,however, and they do not participate in the drafting process. The Court of Appeals does notadopt these instructions as definitive. Indeed, occasionally the correctness of a given instructionmay be the subject of a Ninth Circuit opinion.NINTH CIRCUIT JURY INSTRUCTIONS COMMITTEEJudge George H. King, ChairJudge Anna J. BrownJudge Roger L. HuntJudge A. Howard MatzJudge Jeffrey T. MillerJudge Marsha J. PechmanMagistrate Judge Richard SeeborgJoseph Franaszek, ReporterRobin Donoghue, StaffDebra Landis, StaffSeptember, 20063

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JURY INSTRUCTION NUMBERSCONVERSION TABLE2001 EDITION2007 EDITIONTITLE1.11.1A-1.1CDuty of Jury—1.1ADuty of Jury (Court Reads and Provides Written Set ofInstructions)—1.1BDuty of Jury (Court Reads Instructions Only)—1.1CDuty of Jury (Court Reads and Provides Written Set ofInstructions at End of Case)1.21.2Claims and Defenses1.31.6What Is Evidence1.41.7What Is Not Evidence1.51.8Evidence for Limited Purpose1.61.9Direct and Circumstantial Evidence1.71.10Ruling on Objections1.81.11Credibility of Witnesses1.91.12Conduct of the Jury1.101.13No Transcript Available to Jury1.111.14Taking Notes1.121.19Outline of Trial1.131.3Burden of Proof–Preponderance of the Evidence1.141.4Burden of Proof–Clear and Convincing Evidence5

1.151.15Question to Witnesses by Jurors1.161.16Jury to Be Guided by Official EnglishTranslation/Interpretation—1.17Use of Interpreters2.11.12Cautionary Instruction–First Recess2.21.18Bench Conferences and Recesses2.32.1Stipulated Testimony2.42.2Stipulations of Fact2.52.3Judicial Notice2.62.4Deposition as Substantive Evidence2.72.5Transcript of Tape Recording2.82.6Transcript of Recording in Foreign Language2.92.7Foreign Language Testimony2.101.8Limited Purpose Evidence2.112.8Impeachment by Conviction of Crime2.122.9Tests and Experiments2.132.10Use of Interrogatories of a Party3.01.0Cover Sheet3.11.1A-1.1CDuties of Jury to Find Facts and Follow Law6

3.21.6What Is Evidence3.31.7What Is Not Evidence3.41.16Jury to be Guided by Official EnglishTranslation/Interpretation3.51.9Direct and Circumstantial Evidence3.61.11Credibility of Witnesses3.72.11Opinion Evidence, Expert Witnesses3.8—Causation (Comment only)3.92.12Charts and Summaries Not Received in Evidence3.102.13Charts and Summaries in Evidence3.111.5Two or More Parties–Different Legal Rights3.122.8Impeachment Evidence–Witness4.13.1Duty to Deliberate4.21.14Use of Notes4.33.2Communication With Court4.43.3Return of Verdict4.53.4Additional Instructions of Law4.63.5Deadlocked Jury7

5.11.3Burden of Proof–Preponderance of the Evidence5.21.4Burden of Proof–Clear and Convincing Evidence5.3—Complete Affirmative Defense6.14.1Corporations and Partnerships–Fair Treatment6.24.2Liability of Corporations–Scope of Authority Not inIssue6.34.3Liability of Partnerships–Scope of Authority Not inIssue6.44.4Agent and Principal–Definition6.54.5Agent–Scope of Authority Defined6.64.6Act of Agent Is Act of Principal–Scope of AuthorityNot in Issue6.74.7Both Principal and Agent Sued–No Issue as to Agencyor Authority6.84.8Principal Sued but Not Agent–No Issue as to Agencyor Authority6.94.9Both Principal and Agent Sued–Agency or AuthorityDenied6.104.10Principal Sued, but Not Agent–Agency or AuthorityDenied6.114.11Independent Contractor–Definition6.124.12General Partnership–Definition6.134.13General Partnership–Scope of Partnership BusinessDefined8

6.144.14General Partnership–Act of Partner Is Act of AllPartners6.154.15General Partnership–Liability of Partner–No Issue asto Partnership, Agency, or Scope of Authority6.164.16Partnership–Existence Admitted–Scope of PartnershipBusiness in Issue–Effect6.174.17Partnership–Existence of Partnership in Issue–Effect7.15.1Damages–Proof7.25.2Measures of Types of Damages7.35.3Damages–Mitigation7.45.4Damages Arising in the Future–Discount to PresentCash Value7.55.5Punitive Damages7.65.6Nominal Damages8.16.1Preliminary Jury Instruction for Federal Employers’Liability Act (45 U.S.C. §§ 51 and 53)8.26.2FELA–Elements and Burden of Proof8.36.3FELA–Negligence f’s Compliance With Defendant'sRequest or Directions8.66.6FELA–Damages (Comment only)9

8.76.7FELA–Plaintiff’s Negligence–Reduction of Damages(45 U.S.C. § 53)9.17.1Seaman Status9.27.2Jones Act–Negligence Claim–Elements and Burden ofProof (46 U.S.C. § 30104)9.37.3Jones Act–Negligence Defined9.47.4Jones Act–Negligence Claim–Causation9.57.10Jones Act–Plaintiff’s Compliance With Defendant'sRequest or Directions9.67.5Unseaworthiness Claim–Elements And Burden ofProof9.77.6Unseaworthiness igence or Unseaworthiness–Damages–Proof(Comment only)9.107.9Negligence or n of Damages9.117.11Maintenance And Cure–Elements and Burden of Proof9.127.12Maintenance And Cure–Willful or Arbitrary Failure toPay10.18.1Tax Refund Actions–Elements and Burden ofProof–Claimed Refund10.28.2Tax Refund Actions–Elements and Burden ofProof–Claimed Deductions10

11.19.1-9.3Violation of Federal Civil Rights–Elements andBurden of Proof11.29.1-9.3Under Color of Law Defined—9.3Section 1983 Claim Against Supervisory Defendant inIndividual Capacity–Elements and Burden of Proof—9.8Causation—9.9Particular Rights–First lar Rights–First Amendment–“Citizen” Plaintiff11.39.26Qualified Immunity (Comment only)11.49.22, 9.23Excessive Force–Unreasonable Seizure–Lawful Arrest11.59.11Unreasonable Search–Generally11.69.12Unreasonable Search–Exceptions to WarrantRequirement–Search Incident to Lawful Arrest11.79.13Unreasonable Search–Exceptions to WarrantRequirement–Consent11.89.14Unreasonable Search–Exceptions to WarrantRequirement–Exigent Circumstances—9.15Particular Rights–Fourth Amendment–UnreasonableSearch–Exception to Warrant Requirement–Emergency or Community Caretaker Circumstances—9.16Particular Rights–Fourth Amendment–UnreasonableSeizure of Property–Generally11

—9.17Particular Rights–Fourth Amendment–UnreasonableSeizure of Property–Exception to WarrantRequirement—9.18Particular Rights–Fourth Amendment–UnreasonableSeizure of Person–Generally—9.19Particular Rights–Fourth Amendment–UnreasonableSeizure of Person–Exception to WarrantRequirement–Terry Stop—9.20Particular Rights–Fourth Amendment–UnreasonableSeizure of Person–Probable Cause Arrest—9.21Particular Rights–Fourth Amendment–UnreasonableSeizure of Person–Detention During Execution ofSearch Warrant11.99.24Violation of Prisoner’s Federal Civil Rights–EighthAmendment–Excessive Force11.109.25Violation of Prisoner’s Federal Civil Rights–EighthAmendment–General Conditions of ConfinementClaim11.119.25Violation of Prisoner’s Federal Civil Rights–EighthAmendment–Medical Care11.129.4Municipal Liability11.139.5Official Policy Makers—9.6Section 1983 Claim Against Local Governing BodyDefendants Based on Ratification–Elements andBurden of Proof11.149.7Municipal Liability–Failure to Train–Elements andBurden of Proof12

12.110.1A-10.1CCivil Rights–Title VII–Disparate Treatment–Elementsand Burden of Proof (42 U.S.C. § 2000e)12.210.1A, 10.1CCivil Rights–Title VII–Disparate Treatment–“MixedMotive Case” (42 U.S.C. § 2000e)—10.1ACivil Rights–Title VII–Disparate Treatment–WhereEvidence Supports “Sole Reason” or “MotivatingFactor”—10.1BCivil Rights–Title VII–Disparate Treatment–“SoleReason”–Elements and Burden of Proof—10.1CCivil Rights–Title VII–DisparateTreatment–“Motivating Factor”–Elements and Burdenof Proof—10.2Civil Rights–Title VII–Hostile WorkEnvironment–Harassment (Comment only)—10.2ACivil Rights–Title VII–Hostile WorkEnvironment–Harassment Because of ProtectedCharacteristics–Elements—10.2BCivil Rights–Title VII–Hostile Work EnvironmentCaused by Supervisor–Claim Based upon VicariousLiability–Tangible Employment Action–AffirmativeDefense—10.2CCivil Rights–Title VII–Hostile Work EnvironmentCaused by Non-Immediate Supervisor or by CoWorker–Claim Based on Negligence—10.3Civil Rights–Title VII—Retaliation—Elements andBurden of Proof—10.4Civil Rights–Title VII–Definition of Common Terms(Comment only)—10.4ACivil Rights–Title VII–“Adverse Employment Action”13

—10.4A.1Civil Rights–Title VII–“Adverse Employment Action”in Retaliation Cases—10.4A.2Civil Rights–Title VII–“Adverse Employment Action”in Disparate Treatment Cases—10.4BCivil Rights–Title VII–“Tangible EmploymentAction” Defined—10.4CCivil Rights–Title VII–“Constructive Discharge”Defined12.310.5ACivil Rights Title VII–DisparateTreatment–Affirmative Defense–Bona FideOccupational Qualification12.410.5BCivil Rights Title VII–DisparateTreatment–Affirmative Defense–Bona Fide SenioritySystem12.510.5CCivil Rights–Title VII–Same Decision–After-AcquiredEvidence13.110.2AHostile Work Hostile Work Environment–Sexual Harassment bySupervisor–Adverse Tangible Employment Action13.310.4B“Tangible Employment Action”–Defined13.4—Hostile Work Environment–Sexual Harassment bySupervisor–No Adverse Tangible EmploymentAction–Affirmative Defense13.510.2AHostile Work Environment–Sexual Harassment byNon-Supervisor13.6—Quid Pro Quo Sexual Harassment–Essential Elements14

13.7—Quid Pro Quo Sexual Harassment–Defense–NonDiscriminatory Reason–Pretext13.810.3Retaliation–Essential tory Reason–Pretext(Comment only)13.1010.1A-10.1CSex Discrimination–Disparate Treatment13.1110.5CSame Decision–After-Acquired Evidence14.111.1A-11.1CAge Discrimination–Disparate Treatment–Elementsand Burden of Proof–Discharge14.211.1A-11.1CAge Discrimination–Disparate Treatment–Elementsand Burden of Proof–Failure or Refusal to Hire–NoAffirmative Defense—11.1AAge Discrimination–Disparate Treatment–WhereEvidence Supports “Sole Reason” or “MotivatingFactor”—11.1BAge Discrimination–Disparate Treatment–“SoleReason”–Elements and Burden of Proof—11.1CAge Discrimination–Disparate Treatment–“MotivatingFactor”–Elements and Burden of Proof—11.2Age Discrimination–Disparate Treatment–HostileWork Environment (Comment only)—11.3Age Discrimination–Retaliation (Comment only)14.311.6AAge Discrimination–Disparate Treatment–AffirmativeDefense–Bona Fide Occupational Qualifications14.411.6BAge Discrimination–Disparate Treatment–AffirmativeDefense–Bona Fide Seniority System15

—11.6CAge Discrimination–Disparate Treatment–AfterAcquired Evidence (Comment only)14.511.6DAge Discrimination–Disparate Treatment–AffirmativeDefense–Bona Fide Employee Benefit Plan14.611.4Age Discrimination–Disparate Impact–Elements andBurden of Proof–Discharge14.7—Age Discrimination–Disparate Impact–AffirmativeDefense–Business Necessity—11.6EAge Discrimination–Defense–Reasonable Factor OtherThan Age14.811.7AAge n–Mitigation14.911.7BWillful Age Discrimination–Damages15.112.1A-12.1CPreliminary Instruction–ADA Employment Actions15.212.1A-12.1CElements of ADA Employment Action—12.1AADA Employment Actions–Where Evidence Supports“Sole Reason” or “Motivating Factor”—12.1BADA Employment Actions–“Sole Reason”–Elementsand Burden of Proof—12.1CADA Employment Actions–“MotivatingFactor”–Elements and Burden of Proof15.312.2Physical or Mental Impairment15.412.4Work as a Major Life Activity16

15.512.3Corrected or Mitigated Disability15.612.6Qualified Individual15.712.7Ability to Perform Essential Functions–Factors15.812.8Reasonable Accommodation15.912.9Undue 112.11Business Necessity as a Defense15.1212.12Defense–Direct Threat15.1312.13Damages (Comment only)16.113.1LMRA § 301–Duty of Fair Representation–Elementsand Burden of Proof–Hybrid Claim16.213.2LMRA § 301–Duty of Fair t18.015.0Preliminary ark–Generally18.215.2Trade Dress–Defined (15 U.S.C. § 1125(a))18.315.3Definition–Trade Name/Commercial Name–Generally18.415.4Trademark Liability–Theories and Policies17

18.515.5, 15.6Infringement–Elements and Burden ofProof–Trademark or Trade Dress—15.6Infringement–Elements and Burden of ��Presumed Validity andOwnership–Registered ty–Distinctiveness–Secondary y–Trade Dress–NonFunctionality ership–Generally18.1215.13Trademark Ownership–Assignee18.1315.14Trademark Ownership–Licensee18.1415.15Trademark Ownership–Merchant or elihood ofConfusion–Factors–Sleekcraft Test18.1615.17Likelihood of Confusion–Factor–Strength orWeakness of Trademark18.1715.18Inducing Infringement–Elements and Burden of Proof18

18.1815.19Contributory Infringement–Elements and Burden iveDefense–Defendant’s Burden of Proof18.2015.21Defenses–Continuous Prior Use Within RemoteGeographic Area–Affirmative Defense18.2115.22Defenses–“Classic” Fair Use—15.23Defenses–Nominative Fair Use18.2215.24Trademark Damages–Actual or Statutory Notice18.2315.25Trademark Damages–Plaintiff's Actual Damages18.2415.26Trademark Damages–Defendant’s Profits18.2515.27Trademark Damages–Intentional Infringement1916Patents20.017.0Preliminary Instruction–Copyright20.117.1Copyright–Defined (17 U.S.C. § 106)20.217.2Copyright–Subject Matter (17 U.S.C. § 102)20.317.3Copyright–Subject Matter–Ideas and Expression (17U.S.C. § 102(b))20.417.4Copyright Infringement–Elements–Ownership andCopying (17 U.S.C. § 105 (a)- (b))20.517.5Copyright Infringement–Definition–Elements–Ownership Interests (17 U.S.C. § 201-205)20.617.6Copyright Interests–Authorship (17 U.S.C. § 201(a))19

20.717.7Copyright Interests–Joint Authors (17 U.S.C. §§ 101,201(a))20.817.8Copyright Interests–Authors of Collective Works (17U.S.C. § 201(c))20.917.9Copyright Interests–Work Made for Hire (17 U.S.C. §201(b))20.1017.10Copyright Interests–Assignee (17 U.S.C. § 201(d)(1))20.1117.11Copyright Interests–Exclusive Licensee (17 U.S.C. §201(d)(2))20.1217.12Copyright Infringement–Definition–Original Elementsof a Work20.1317.13Derivative Work (17 U.S.C. §§ 101, 106(2))20.1417.14Compilation (17 U.S.C. § 101)20.1517.15Copyright Infringement–Definition–Copying–Access and Substantial Similarity20.1617.16Copyright d20.17—Substantial Similarity–Extrinsic Test; Intrinsic Test—17.17Substantial Similarity–Extrinsic Test; Intrinsic Test(Withdrawn) (Comment only)20.1817.18Affirmative Defense–Fair Use (17 U.S.C. § 107)20.1917.19Affirmative Defense–Abandonment20.2017.20Derivative Liability–Vicarious Infringement–Elements and Burden of Proof20.2117.21Derivative Liability–ContributoryInfringement–Elements and Burden of Proof20

20.2217.22Damages–In General (17 U.S.C. § 504)20.2317.23Damages–Actual Damages (17 U.S.C. § 504(b))20.2417.24Damages–Defendant’s Profits (17 U.S.C. § 504(b))20.2517.25-17.27Damages–Statutory Damages–WillfulInfringement–Innocent Infringement (17 U.S.C. §504(c))—17.26Copyright Damages–Innocent Infringement (17 U.S.C.§ 504(c)(2))—17.27Copyright Damages–Willful Infringement (17 U.S.C. §504(c)(2))21.018.0Securities Act–Preliminary Instruction—18.1Securities–Rule 10b-5 nts and Burden ofProof (15 U.S.C. § 78j(b))21.218.2Securities–Misrepresentations or Omissions andMateriality–Definitions (15 U.S.C. §§ 78j(b) and finition (15 U.S.C.§ 78j(b))21.4—Securities Act–Excessive Trading(Churning)–Elements and Burden of Proof (15 U.S.C.§ 8j(b), Rule 10b–5)21.5—Securities Act–Excessive Trading(Churning)–Control–Definition (15 U.S.C. § 8j(b),Rule 10b–5)21.6—Securities Act–Excessive Trading (Churning)–Intent toDefraud–Reckless–Definition (15 U.S.C. § 8j(b), Rule10b–5)21

21.7—Securities Act–Agent and Principal (15 U.S.C. § 8j(b),Rule 10b–5) (Comment Only)21.818.8Controlling Person Liability21.918.9Securities Act–Affirmative Defense of Broker orDealer (Rule 10b–5)21.10—Securities Act–False or Misleading RegistrationStatement–Elements and Burden of Proof21.11—Securities Act–Affirmative Defense ofWaiver–Elements and Burden of Proof21.12—Securities Act–Affirmative Defense ofEstoppel–Elements and Burden of Proof—18.4Securities–Justifiable e Reliance–Fraud-on-the urities Act–Affirmative Defense ofRatification–Elements and Burden of Proof21.1418.7Securities Act–Damages (15 U.S.C. § 78j(b), Rule10b-5)2219Civil RICO22

CIVIL INSTRUCTIONS1. INSTRUCTIONS ON THE TRIAL PROCESSInstructionIntroductory Comment1.0Cover Sheet1.1A Duty of Jury (Court Reads and Provides Written Set of Instructions)1.1B Duty of Jury (Court Reads Instructions Only)1.1C Duty of Jury (Court Reads and Provides Written Instructions at End of Case)1.2Claims and Defenses1.3Burden of Proof—Preponderance of the Evidence1.4Burden of Proof—Clear and Convincing Evidence1.5Multiple Parties and Claims—Different Legal Rights1.6What Is Evidence1.7What Is Not Evidence1.8Evidence for Limited Purpose1.9Direct and Circumstantial Evidence1.10 Ruling on Objections1.11 Credibility of Witnesses1.12 Conduct of the Jury1.13 No Transcript Available to Jury1.14 Taking Notes1.15 Question to Witnesses by Jurors1.16 Jury to Be Guided by Official English Translation/Interpretation1.17 Use of Interpreters in Court1.18 Bench Conferences and Recesses1.19 Outline of TrialIntroductory CommentJury instructions are intended to give the jurors in understandable language, informationto make the trial more meaningful and to permit them to fulfill their duty of applying the law tothe facts as they find them. The committee suggests that judges work with counsel to provide ascomplete a set as possible as early as possible to aid jurors in the understanding of the evidence,the standards to be applied and the law that must be applied to the facts. Early discussion of thejury instructions has the dual benefit of focusing the court and counsel on the issues to bepresented and the types of evidence to be admitted, as well as maximizing the capacity toanticipate problems before they arise. Preparation of instructions in advance of trial also easesthe pressure at the end of the trial to assemble a set of instructions when counsel and the courtmay be short of time. It gives both the court and counsel time to avoid and/or correct errors.23

In this edition, the committee has eliminated duplicate instructions (that were previouslyintended to be used either at the beginning or end of the case) in favor of bracketed materialwhose presentation can be tailored to the stage of the proceedings when the instruction is given.The chapters have been reorganized as Instructions on the Trial Process (Chapter 1), Instructionson Types of Evidence (Chapter 2), and Instructions on Deliberations (Chapter 3).Some potentially useful or applicable instructions that a judge may wish to consider canbe found in the Comments to instructions; these suggested instructions cover changing practicesand attitudes concerning participation by jurors in the trial by asking questions, restrictions ondiscussion among jurors, and technology.Practices vary among judges on how complete introductory instructions should be. Somejudges prefer to instruct initially only on the trial process (Chapter 1). Some prefer to instructnot only on the process but also on types of evidence to be presented and/or on deliberations(Chapters 2 and 3). Finally, some include all topics in Chapters 1, 2 and 3 as well as substantivelaw instructions for particular claims made. There is no right or wrong way to accomplish thistask. It depends on the nature of the case, the preliminary rulings and the legal culture of eachdistrict.The committee recommends that, at a minimum, concluding instructions be given inwritten form prior to closing arguments. A written copy should go to the jury room fordeliberations.Some judges provide a written set of instructions to each juror for deliberation. Othersprovide written instructions at the beginning of the trial that jurors keep throughout the trial anddeliberations. Again, this is a matter of judicial preference and the demands of each case.24

1.0 COVER SHEETIN THE UNITED STATES DISTRICT COURTDISTRICT OF,))Plaintiff,))v.)))),))Defendant)))No.JURY INSTRUCTIONSDATED:UNITED STATES [DISTRICT] [MAGISTRATE] JUDGE25

1.1A DUTY OF JURY (COURT READS ANDPROVIDES WRITTEN INSTRUCTIONS)Ladies and gentlemen: You are now the jury in this case. It is my duty to instruct you onthe law.These instructions are preliminary instructions to help you understand the principles thatapply to civil trials and to help you understand the evidence as you listen to it. You will beallowed to keep this set throughout the trial to which to refer. This set of instructions is not to betaken home and must remain in the jury room when you leave in the evenings. At the end of thetrial, I will give you a final set of instructions. It is the final set of instructions which will governyour deliberations.You must not infer from these instructions or from anything I may say or do asindicating that I have an opinion regarding the evidence or what your verdict should be.It is your duty to find the facts from all the evidence in the case. To those facts you willapply the law as I give it to you. You must follow the law as I give it to you whether you agreewith it or not. And you must not be influenced by any personal likes or dislikes, opinions,prejudices, or sympathy. That means that you must decide the case solely on the evidencebefore you. You will recall that you took an oath to do so.In following my instructions, you must follow all of them and not single out some andignore others; they are all important.CommentInstruction 1.1A may be used as a preliminary instruction if the court decides to providea written set of preliminary instructions at the beginning of the trial which the jurors arepermitted to keep with them. In the final set of instructions, the court should substituteInstruction 1.1C.26

1.1B DUTY OF JURY (COURT READS INSTRUCTIONS ONLY)Ladies and gentlemen: You are now the jury in this case. It is my duty to instruct you onthe law.You must not infer from these instructions or from anything I may say or do asindicating that I have an opinion regarding the evidence or what your verdict should be.It is your duty to find the facts from all the evidence in the case. To those facts you willapply the law as I give it to you. You must follow the law as I give it to you whether you agreewith it or not. And you must not be influenced by any personal likes or dislikes, opinions,prejudices, or sympathy. That means that you must decide the case solely on the evidencebefore you. You will recall that you took an oath to do so.In following my instructions, you must follow all of them and not single out some andignore others; they are all important.CommentInstruction 1.1B may be used as an oral instruction if the court elects to read itspreliminary instructions to the jury but not to provide the jury with a copy of the instructions.27

1.1C DUTY OF JURY (COURT READS AND PROVIDESWRITTEN INSTRUCTIONS AT END OF CASE)Members of the Jury: Now that you have heard all of the evidence [and the arguments ofthe attorneys], it is my duty to instruct you as to the law of the case.[Each of you has received a copy of these instructions that you may take with you to thejury room to consult during your deliberations.]or[A copy of these instructions will be sent with you to the jury room when you deliberate.]You must not infer from these instructions or from anything I may say or do asindicating that I have an opinion regarding the evidence or what your verdict should be.It is your duty to find the facts from all the evidence in the case. To those facts you willapply the law as I give it to you. You must follow the law as I give it to you whether you agreewith it or not. And you must not be influenced by any personal likes or dislikes, opinions,prejudices, or sympathy. That means that you must decide the case solely on the evidencebefore you. You will recall that you took an oath to do so.In following my instructions, you must follow all of them and not single out some andignore others; they are all important.CommentInstruction 1.1C should be used with the written final set of the instructions to be sent tothe jury. Bracketed material should be selected to cover whether single or multiple sets ofwritten instructions are provided.28

1.2 CLAIMS AND DEFENSESTo help you follow the evidence, I will give you a brief summary of the positions of theparties:The plaintiff claims that [plaintiff’s claims]. The plaintiff has the burden of proving theseclaims.The defendant denies those claims [and also contends that [defendant’s counterclaimsand/or affirmative defenses]]. [The defendant has the burden of proof on these [counterclaimsand/or affirmative defenses.]][The plaintiff denies [defendant’s counterclaims and/or affirmative defenses].]29

1.3 BURDEN OF PROOF—PREPONDERANCE OF THE EVIDENCEWhen a party has the burden of proof on any claim [or affirmative defense] by apreponderance 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.You should base your decision on all of the evidence, regardless of which party presentedit.CommentThis instruction may not apply to cases based on state law.30

1.4 BURDEN OF PROOF—CLEAR AND CONVINCING EVIDENCEWhen a party has the burden of proving any claim or defense by clear and convincingevidence, it means you must be persuaded by the evidence that the claim or defense is highlyprobable. This is a higher standard of proof than proof by a preponderance of the evidence.You should base your decision on all of the evidence, regardless of which party presentedit.CommentSee Colorado v. New Mexico, 467 U.S. 310, 316 (1984) (defining clear and convincingevidence). See also Murphy v. I.N.S., 54 F.3d 605, 610 (9th Cir.1995) (the burden of proving amatter by clear and convincing evidence is “a heavier burden than

7.1 5.1 Damages-Proof 7.2 5.2 Measures of Types of Damages 7.3 5.3 Damages-Mitigation 7.4 5.4 Damages Arising in the Future-Discount to Present Cash Value 7.5 5.5 Punitive Damages 7.6 5.6 Nominal Damages 8.1 6.1 Preliminary Jury Instruction for Federal Employers' Liability Act (45 U.S.C. §§ 51 and 53) 8.2 6.2 FELA-Elements and .

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OPEN NINTH: CONVERSATIONS BEYOND THE COURTROOM . Chief Judge in the Ninth Judicial Circuit. I want to welcome you today to a special edition of Open Ninth. Typically, we . administration of justice. Today, though, we find ourselves in a unique season of life for the courts. In late 2019, a novel form of a coronavirus surfaced in a Chinese .

realities of software APIs and directly conflicts with Ninth Circuit law. The panel correctly recognized that it must apply Ninth Circuit law, Oracle Am., Inc. v. Google LLC, 886 F.3d 1179, 1190 (Fed. Cir. 2018), but then disregarded key Ninth C

circuit protection component which cars he a fusible link, a fuse, or a circuit breaker. Then the circuit goes to the circuit controller which can be a switch or a relay. From the circuit controller the circuit goes into the circuit load. The circuit load can be one light or many lights in parallel, an electric motor or a solenoid.

Series Circuit A series circuit is a closed circuit in which the current follows one path, as opposed to a parallel circuit where the circuit is divided into two or more paths. In a series circuit, the current through each load is the same and the total voltage across the circuit is the sum of the voltages across each load. NOTE: TinkerCAD has an Autosave system.

molded-case circuit breakers (MCCB), insulated-case circuit breakers (ICCB) and low voltage power circuit breakers LVPCB). Insulated-case circuit breakers are designed to meet the standards for molded-case circuit breakers. Low voltage power circuit breakers comply with the following standards: ANSI Std. C37.16—Preferred Ratings

The Effect of an Open in a Series Circuit An open circuit is a circuit with a break in the current path. When a series circuit is open, the current is zero in all parts of the circuit. The total resistance of an open circuit is infinite ohms. When a series circuit is open,

B0100 . Short in D squib circuit . B0131 . Open in P/T squib (RH) circuit : B0101 . Open in D squib circuit : B0132 . Short in P/T squib (RH) circuit (to ground) B0102 . Short in D squib circuit (to ground) B0133 . Short in P/T squib (RH) circuit (to B ) B0103 . Short in D squib circuit (to B ) B0135 . Short in P/T

DC Biasing BJT circuits There is numerous bias configuration of BJT circuits. Some of the common configuration of BJT circuit includes 1. Fixed-bias circuit 2. Emitter-bias circuit 3. Voltage divider bias circuit 4. Collector-feedback bias circuit 5. Emitter-follower bias circuit 6. Common base circuit Fixed Bias Configuration