Jury Instructions and your Case THEORY

When it comes to jury trials – really any trial, bench or jury – your theory matters. A lot. Your theory should not be overlooked. It is your theme in context and perspective. You put on evidence to support your theory so that it falls in your given context and perspective. Your theory or theme is your story that supports your burden of proof. Your opening statement sets your case up with your theory and the evidence you will put on the support the theory. Your closing statement then summarizes your theory with the evidence introduced. With respect to jury instructions,...

24 January

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Quick Note: Appeal of Jury Instructions with Wrong Burden of Proof

Posted by David Adelstein

in Appeal, Burden of Proof

I recently talked about the burden of proof when it comes to an all-risk property insurance policy. This article is important for insureds that have a property insurance claim and are dealing with certain insurance coverage issues with their property insurer. The case at-issue discussed in the article dealt with an appeal of the jury instructions that were read to the jury. Specifically, the issue was whether the trial court applied the right burden of proof in the jury instructions. This issue is reviewed under a de novo standard of appellate review. See Jones v. Federated National Ins. Co., 43...

27 February

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Incorrect / Misleading Jury Instructions and Reversible Error

Posted by David Adelstein

in Jury Instructions

I have discussed the importance of jury instructions. Time should be taken crafting applicable jury instructions based on the law to discuss during the charging conference where the judge determines the jury instructions to read to the jury. What happens if a court reads a misleading and incorrect jury instruction? Final judgment may be reversed and a new trial ordered--reversible error! In a first-party property insurance coverage dispute, the court read a jury instruction relating to the insured and insurer’s burden of proof. The jury instruction, however, was confusing and contained an incorrect burden of proof for the insurer. As a...

30 December

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Preparing Jury Instructions and the Standard of Review in Appealing Jury Instructions

Posted by David Adelstein

in Jury Instructions, Standard of Review

Jury instructions are a vital component of any jury trial. These are the instructions that the trial judge reads to a jury explaining the elements of the plaintiff’s causes of action against the defendant, the defendant’s defenses, the required burden of proof, how to weigh the evidence, etc. There are jury instructions that are considered Florida standard jury instructions. But, outside of these standard jury instructions, there is a great deal of discretion in preparing and presenting jury instructions in civil trials as long as the instructions accurately reflect the law and are not misleading to the jury. Typically, each party...