JURY INSTRUCTION

jury instruction.(usu. pl.) A direction or guideline that a judge gives a jury concerning the law of the case. — Often shortened to instruction. — Also termed jury charge; charge; jury direction; direction. [Cases: Criminal Law 769; Federal Civil Procedure 2171–2185; Trial 182.C.J.S.

Criminal Law §§ 1302–1305; Trial §§ 484–486, 488, 492, 498, 500.]

additional instruction.A jury charge, beyond the original instructions, that is usu. given in response to the jury’s question about the evidence or some point of law. — Also termed further instruction. [Cases: Criminal Law 863; Federal Civil Procedure 1975; Trial 312, 314(1).

C.J.S. Criminal Law §§ 1382, 1384–1385, 1540; Trial §§ 811–812, 815.]

affirmative converse instruction.An instruction presenting a hypothetical that, if true, commands a verdict in favor of the defendant. • An affirmative converse instruction usu. begins with language such as “your verdict must be for the defendant if you believe ….” [Cases: Trial

203(3). C.J.S. Trial § 559.]

affirmative instruction.An instruction that removes an issue from the jury’s consideration, such as an instruction that whatever the evidence, the defendant cannot be convicted under the indictment count to which the charge is directed. — Also termed affirmative charge. [Cases: Trial

194, 234(4), 253. C.J.S. Trial §§ 526, 626, 672.]

argumentative instruction.An instruction that assumes facts not in evidence, that singles out or unduly emphasizes a particular issue, theory, or defense, or that otherwise invades the jury’s province regarding the weight, probative value, or sufficiency of the evidence. [Cases: Criminal

Law 807; Federal Civil Procedure 2173.1; Trial 240. C.J.S. Trial § 582.] binding instruction.See mandatory instruction.

cautionary instruction. 1. A judge’s instruction to the jurors to disregard certain evidence or consider it for specific purposes only. [Cases: Criminal Law 673, 783, 783.5; Federal Civil

Procedure 2173; Trial 207. C.J.S. Criminal Law § 1206; Trial§§ 489, 567.] 2. A judge’s instruction for the jury not to be influenced by outside factors and not to talk to anyone about the case while the trial is in progress. [Cases: Criminal Law 768, 852; Federal Civil Procedure

2173; Trial 201, 217. C.J.S. Criminal Law §§ 1308, 1371; Trial §§ 543–546, 552–553.]

curative instruction.A judge’s instruction that is intended to correct an erroneous instruction.

[Cases: Federal Civil Procedure 2184; Trial 296. C.J.S. Trial § 757.] deliberate-indifference instruction.See JEWELL INSTRUCTION. disparaging instruction.A jury charge that discredits or defames a party to a lawsuit.

formula instruction.A jury charge derived from a standardized statement of the law on which

the jury must base its verdict.

further instruction.See additional instruction.

general instruction.Any jury instruction that does not present a question or issue to be

answered.

Jewell instruction.See JEWELL INSTRUCTION.

mandatory instruction.An instruction requiring a jury to find for one party and against the other if the jury determines that, based on a preponderance of the evidence, a given set of facts exists. — Also termed binding instruction. [Cases: Trial 234(3, 4), 253. C.J.S. Trial §§ 625–626,

672.]

model jury instruction.A form jury charge usu. approved by a state bar association or similar group regarding matters arising in a typical case. • Courts usu. accept model jury instructions as authoritative. — Also termed pattern jury instruction; pattern jury charge; model jury charge. ostrich instruction.Criminal procedure. Slang. An instruction stating that a defendant who deliberately avoided acquiring actual knowledge can be found to have acted knowingly. [Cases:

Criminal Law 772(5). C.J.S. Criminal Law § 1312.] pattern jury instruction.See model jury instruction.

peremptory instruction.A court’s explicit direction that a jury must obey, such as an instruction to return a verdict for a particular party. See directed verdict under VERDICT. [Cases:

Trial 234, 253. C.J.S. Trial §§ 623, 672.]

single-juror instruction.An instruction stating that if any juror is not reasonably satisfied with

the plaintiff’s evidence, then the jury cannot render a verdict for the plaintiff.

special instruction.An instruction on some particular point or question involved in the case,

usu. in response to counsel’s request for such an instruction. — Also termed special charge.

standard instruction.A jury instruction that has been regularly used in a given jurisdiction.

[Blacks Law 8th]