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ELEVENTH CIRCUIT PATTERN JURY INSTRUCTIONS (CIVIL …

ELEVENTH CircuitCivil PATTERN JuryInstructions2013 For Customer Assistance Call 1-800-328-4880 Mat #41518999 PREFACET hese PATTERN Jury INSTRUCTIONS , Civil Cases, EleventhCircuit (2013 revision) represent a substantial revision fromthe 2005 edition. However, the INSTRUCTIONS build on theearlier works rst published in 1980 by a predecessor com-mittee in the former Fifth CIRCUIT and republished in 1990,1999, and 2005 by a predecessor committee in the Committee has continued the e ort begun in the2010 PATTERN criminal INSTRUCTIONS to improve clarity andjuror comprehension through the use of plain English andthe removal of complexity and legal terminology whenpossible. Bryan A. Garner, the editor of Black s Law Dictio-nary, has again assisted the Committee in this from re ecting evolving changes in the law, theprime objective of the Committee has remained constant toprovide in words of common usage and understanding a bodyof brief and uniform jury INSTRUCTIONS which fully and ac-curately state the law without needless format is also the same as in earlier editions in or-der to facilitate rapid assembly of a complete set of jurycharges suitable for submission to a jury in each individualcivil case.

The jury’s duty: It’s your duty to listen to the evidence, decide what happened, and apply the law to the facts. It’s my job to provide you with the law you must apply and you –

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Transcription of ELEVENTH CIRCUIT PATTERN JURY INSTRUCTIONS (CIVIL …

1 ELEVENTH CircuitCivil PATTERN JuryInstructions2013 For Customer Assistance Call 1-800-328-4880 Mat #41518999 PREFACET hese PATTERN Jury INSTRUCTIONS , Civil Cases, EleventhCircuit (2013 revision) represent a substantial revision fromthe 2005 edition. However, the INSTRUCTIONS build on theearlier works rst published in 1980 by a predecessor com-mittee in the former Fifth CIRCUIT and republished in 1990,1999, and 2005 by a predecessor committee in the Committee has continued the e ort begun in the2010 PATTERN criminal INSTRUCTIONS to improve clarity andjuror comprehension through the use of plain English andthe removal of complexity and legal terminology whenpossible. Bryan A. Garner, the editor of Black s Law Dictio-nary, has again assisted the Committee in this from re ecting evolving changes in the law, theprime objective of the Committee has remained constant toprovide in words of common usage and understanding a bodyof brief and uniform jury INSTRUCTIONS which fully and ac-curately state the law without needless format is also the same as in earlier editions in or-der to facilitate rapid assembly of a complete set of jurycharges suitable for submission to a jury in each individualcivil case.

2 Due to the increase in copyright and trademarkcase lings, this revision adds INSTRUCTIONS for both of thesesubstantive areas. Additionally, because the Alabama, Flor-ida and Georgia state courts have approved and made read-ily available comprehensive PATTERN civil INSTRUCTIONS , thisrevision eliminates state claims body of the work has been arranged as follows:A. Preliminary INSTRUCTIONS ;B. Trial INSTRUCTIONS ;C. Basic INSTRUCTIONS ; andD. Claims Preliminary INSTRUCTIONS constitute a completecharge designed to be given after the jury has beeniiiselected and sworn, but before counsel s openingstatements. Included is instruction on juror use ofelectronic communications technologies as recom-mended by the Judicial Conference Committee onCourt Administration and Case Management. Anoptional instruction on jury questions is o ered forguidance to a trial judge who decides to permit juryquestions. An instruction with respect to interimstatements is also an option for a trial judge whodecides to permit interim statements as suggestedfor certain civil trials by the Seventh American INSTRUCTIONS for Use During Trial include a col-lection of explanatory INSTRUCTIONS frequently statedto the jury during the trial itself including a modi- ed Allen charge for use in appropriate circum-stances when the jury reports an Basic INSTRUCTIONS cover in a logical sequencethose topics that should be included in a trial court sinstructions in every case.

3 Alternative instructionsare provided when necessary depending upon thepresence or absence of common variables as theymay exist in the case at hand (such as the presenceor absence of corporate parties, single or multipleclaims, etc.). By referring to the Index to BasicInstructions, beginning with Basic Instruction , and then proceeding through the Index from oneinstruction to the next, one may select the appropri-ate INSTRUCTIONS applicable to the case at hand andthus assemble, in the end, a complete jury Claims INSTRUCTIONS cover the most commontypes of federal civil claims or causes of action pend-ing as jury cases in the federal courts as follows:1. Adverse Employment Actions;2. Civil Rights and Constitutional Claims;3. Securities Act Claims;4. Civil Rico Actions;5. Jones Act Unseaworthiness Claims;6. Copyright Claims; and7. Trademark ClaimsBrief Annotations and Comments are provided after eachinstruction citing the governing law of the CIRCUIT and/orhighlighting certain issues or potential problem areas relat-ing to the subject of that many of the Claims INSTRUCTIONS some of the wordinghas been bracketed or bracketed and underscored to drawattention to subject matter that must be added, edited, ordeleted, in order to adapt the instruction to the individualcase.

4 Normally, when words are bracketed but not under-scored, it will be necessary to make a choice, , thelanguage used will present alternatives, one of which maynot apply in the case. When words are both bracketed andunderscored they will normally present an example and itwill be necessary to delete the underscored passage andsubstitute language specially formulated to t the case. Inaddition, extreme care should be exercised in every case toinsure that the instruction as worded correctly states thecurrent law as applied in that Committee also recommends the submission of inter-rogatories to the jury in conjunction with a general chargepursuant to the Federal Rule of Civil Procedure 49. The useof interrogatories not only assists the jury in an orderly deci-sion making process; their use also diminishes the likelihoodof a retrial following an appeal. The jury s answer to someinterrogatories may moot others; or, in the event error isfound on appeal with respect to one claim or one issue, theother responses may render the error moot or harmless ormay at least reduce the issues to be retried.

5 The use of ageneral verdict often forecloses these appreciation we acknowledge the valuable contribu-tions made to the revision of these civil INSTRUCTIONS by manypractitioners and members of academia who donated timeand expertise in the preparation and review of :Joseph M. Beck, Stanley F. Birch, Je reyS. Boyles, Patricia Clotfelter, Summer Austin Davis,Je rey D. Dyess, Michael L. Edwards, Linda H. Fried-man, Harriet Thomas Ivy, W. Andrew Pequiqnot,Kimberly Till Powell, Paul M. Sykes, Will HillTankersly, and J. Dorman :Ed Buckley, Nancy Rafuse, Dean Re-becca White, and Professor Tom Act:Colin A. :Phyllis B. Sumner and John E. :Elizabeth Gringold Greenman, M. RobertThornton, Corey D. Holzer, Gregory E. Keller, JohnL. Latham, M. Graham Loomis, Kristin B. Wilhelm,Eric Bustillo, and Krissi T. : William H. Needle, Richard W. Miller,Michael D. Hobbs, Jr., Theodore H. Davis, Jr., JaclynT. Shanks, Leslie J.

6 Lott, and Will Hill Tankersly, are especially fortunate to have served with depart-ing Committee members Mark Fuller, Beverly Martin andRoger Vinson. Each contributed to these revisions. RogerVinson served on the Committee for eighteen years and withTerry Hodges, earned the appreciation of those who , we thank Caroline Castle, Stan Hill, ColleenConley, Naomi Kipp, and Sylvia Wenger, and CIRCUIT Execu-tive James Gerstenlauer, for their help in preparing Donald M. MiddlebrooksChairJudge Inge JohnsonAlabamaJudge W. Keith WatkinsAlabamaJudge Patricia William S. Du ey, Clay LandGeorgiaPrefaceviTABLE OF General Preliminary Burden of Proof Clear and Convincing O cial English Jury Interim Copyright Preliminary Use of Use of Recorded Conversations and Interim Judicial Use of In-Trial INSTRUCTIONS on News Duty to Follow INSTRUCTIONS No Corporate The Duty to Follow INSTRUCTIONS Corporate The Duty to Follow INSTRUCTIONS Government Entity orAgency of Direct and Circumstantial Evidence;Argument of Counsel.

7 Comments by the of Impeachment of Witnesses Because of Impeachment of Witnesses Because of InconsistentStatements or Felony Expert Expert Witness When Expert Fees Represent aSigni cant Portion of the Witness's Responsibility for Proof Plainti 's Claim[s], CrossClaims, Counterclaims Preponderance of Responsibility for Proof A rmative DefensePreponderance of the Duty to Deliberate When Only the Plainti Duty to Deliberate When Both Plainti and DefendantClaim Damages or When Damages are not an of Foreperson Explanation of Verdict Form[s].. Employment Action Employee First Amendment Claim Discharge orFailure to Promote Free Speech on Matter of Employee First Amendment Claim Discharge orFailure to Promote Political Disloyalty or Employee Equal-Protection Claim Race/SexDiscrimination Hostile Work Environment SupervisorHarassment (Separate Liability for Public Body andIndividual Supervisors).

8 Employee Equal-Protection Claim Race/SexDiscrimination Hostile Work Environment Co-workerHarassment (Separate Liability for Public Body andIndividual Supervisors).. VII Civil Rights Act Discrimination Discharge orFailure to Promote Including Same Decision VII Civil Rights Act Workplace Harassment bySupervisor No Tangible Employment Action Taken(with A rmative Defense by Employer).. VII Civil Rights Act Workplace Harassment byCo-Worker or Third Party No Tangible EmploymentAction VII Civil Rights Act Workplace Harassment Unwelcome Sexual Advances Tangible EmploymentAction Rights Act 42 1981 Race Discriminationin Employment Discharge or Failure to Age Discrimination in Employment Act 29 621 Americans with Disabilities Act Disparate-TreatmentClaim 42 12101 Americans with Disabilities Act: Reasonable Accommodation Claim 42 12101 Equal Pay Act 29 206(d)(1) and (3)..229 PATTERN JURY Fair Labor Standards Act 29 201et Family and Medical Leave Act Retaliation Claims 2601 Family and Medical Leave Act Interference Claims(NEW) 29 2601 Employee Claim against Employer and Union (Vaca ).

9 USERRA 38 4311(a) USERRAD iscrimination Including Same Decision USERRA 38 4311(b) USERRA USERRA 38 4312 Retaliation 42 Retaliation Title VII, ADEA, ADA and Miscellaneous Issues Constructive Miscellaneous Issues Employee or Miscellaneous Issues Joint Miscellaneous Issues Alter Ego Corporation as AlterEgo of Miscellaneous Issues Alter Ego Subsidiary as Alter Egoof Parent Rights Constitutional Claims (42 1983).. Civil Rights 42 1983 Claims First AmendmentClaim Prisoner Alleging Retaliation or Denial of Accessto Civil Rights 42 1983 Claims FourthAmendment Claim Private Person Alleging UnlawfulArrest, Unlawful Search, or Excessive Civil Rights 42 1983 Claims Eighth orFourteenth Amendment Claim Convicted Prisoner orPretrial Detainee Alleging Excessive Civil Rights 42 1983 Claims Eighth orFourteenth Amendment Claim Convicted Prisoner orPretrial Detainee Alleging Indi erence to Serious Civil Rights 42 1983 Claims Eighth orFourteenth Amendment Claim Unlawful Condition ofCon nement ( , Failure to Protect Convicted Prisoneror Pretrial Detainee from Attack).

10 Civil Rights 42 1983 Claims Government EntityLiability (Incorporate into INSTRUCTIONS for Claims againstIndividual Defendants).. Civil Rights 42 1983 Claims Government EntityLiability for Failure to Train or Supervise (Incorporateinto INSTRUCTIONS for Claims against IndividualDefendants)..388 TABLE OF Civil Rights 42 1983 Claims SupervisorLiability (Incorporate into INSTRUCTIONS for Claims againstIndividual Defendants)..391 Appendix A Civil Rights Special Interrogatories 1983 B Civil Rights Special Interrogatories 1983 Claims For Cases Brought by Non-Prisoners (Prison-Litigation Reform Does NotApply)..396 Appendix C Civil Rights Special Interrogatories 1983 Claims For Cases Brought by Prisoners(Prison-Litigation Reform Applies).. Act 15 78j(b) Rule 10b-5 17 (a), (b), and (c).. Exchange Act 15 USC 78j(b) Rule 10b-5(a) 17 (a) Device, Scheme, orArti ce to Exchange Act 15 78j(b) Rule 10b-5(b) 17 (b) Misrepresentation orOmission of Material Securities Exchange Act 15 USC 10(b) and 20A Rule10b-5(a) 17 InsiderTrading Private-Plainti Securities Exchange Act 15 USC 10(b) Rule 10b-5(a) 17 Insider Trading Exchange Act 15 USC 78j(b) Rule 10b-5(c) 17 (c) Fraudulent Practice orCourse of Exchange Act 14(a) 15 77n Rule14a-9 17 14a-9 Solicitation of 12(a)(1) of the Securities Act of 1933 15 77l Sale of an Unregistered Security in Violation of 5(a) & 5(c) of the Securities Act of 1933 77e(a) and 77e(c) O er and Sale ofUnregistered Securities SEC 17(a)(1) of the Securities Act of 1933 15 77q(a)(1) Fraud In the O er and Sale of a SecurityThrough A Device, Scheme, or Arti ce to Defraud 17(a)(2)


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