JURY INSTRUCTIONS NO. 1. - 1.99

JURY INSTRUCTION NO. 1.00
RESPECTIVE DUTIES OF JUDGE AND JURY

Ladies and Gentlemen of the Jury:

It is now my duty to instruct you on the law that applies to this case. It is your duty to follow the law.

As jurors it is your duty to determine the effect and value of the evidence and to decide all questions of fact.

You must not be influenced by sympathy, prejudice or passion.  | TOP |  

JURY INSTRUCTION NO. 1.00.5
JUROR FORBIDDEN TO MAKE ANY INDEPENDENT INVESTIGATION

You must decide all questions of fact in this case from the evidence received in this trial and not from any other source. You must not make any independent investigation of the facts or the law or consider or discuss facts as to which there is no evidence. This means, for example, that you must not on your own visit the scene, conduct experiments, or consult reference works for additional information.  | TOP |

Jury INSTRUCTION NO. 1.01
INSTRUCTIONS TO BE CONSIDERED AS A WHOLE

    If any matter is repeated or stated in different ways in my instructions, no emphasis is intended. Do not draw any inference because of a repetition.

    Do not single out any individual rule or instruction and ignore the others. Consider all the instructions as a whole and each in the light of the others.

    The order in which the instructions are given has no significance as to their relative importance.  | TOP |

Jury INSTRUCTION NO. 1.02
STATEMENTS OF COUNSEL; STIPULATION TO A FACT; EVIDENCE STRICKEN OUT; INSINUATIONS OF QUESTIONS

    Statements of counsel are not evidence; [[however, if counsel have stipulated to a fact,] [or] [a fact has been admitted by counsel,] accept that fact as having been conclusively proved.]

    Do not speculate as to the answers to questions to which objections were sustained or the reasons for the objections.

    Do not consider any evidence that was stricken;

stricken evidence must be treated as though you had never known of it.

    A suggestion in a question is not evidence unless it is adopted by the answer. A question by itself is not evidence. Consider it only to the extent it is adopted by the answer.  | TOP |

Jury INSTRUCTION NO. 1.03
ENTITY NOT TO BE PREJUDICED AS SUCH

    The fact that a __________ (corporation, business association or public entity) is a party must not prejudice you in your deliberations or in your verdict.

    Do not discriminate between a __________ (corporation, business association or public entity) and natural individuals. Each is a person in the eyes of the law and entitled to the same fair and impartial consideration and to justice by the same legal standards.  | TOP |

Jury INSTRUCTION NO. 1.04
CONCERNING INSURANCE AND INSURANCE COMPANIES

    There is no evidence before you that the defendant has or does not have insurance for the plaintiff's claim. Whether such insurance exists has no bearing upon any issue in this case. You must not discuss or consider it for any purpose

    [If the evidence shows that prior to the trial a party made a statement admitting fault or blame for the [accident] [incident] in question and mentioned insurance, do not ignore such evidence merely because of the mention of insurance.]  | TOP |

Jury INSTRUCTION NO. 1.10
PRONOUN FORM INCLUDES CORPORATION, PUBLIC ENTITY, OR BUSINESS ASSOCIATION

    The pronoun form as used in these instructions, if applicable as shown by the text of the instruction and the evidence, applies to a [corporation] [or] [public entity] [or] [business association].  | TOP |

Jury INSTRUCTION NO. 1.20
"PLAINTIFF" AND "DEFENDANT" APPLIES TO EACH SIMILARLY DESIGNATED

    The words "plaintiff" and "defendant" apply to each plaintiff and to each defendant, respectively, except as you may be otherwise instructed.  | TOP |

Jury INSTRUCTION NO. 1.21
CROSS-COMPLAINT; DESIGNATION OF PARTIES

    In this action a cross-complaint has been filed, wherein the parties are named cross-complainant and cross-defendant. The parties so named stand in the same relation as a plaintiff and a defendant under a complaint.

    Unless otherwise stated, the instructions apply to the cross-complainant and cross-defendant in the same way that they apply to the plaintiff and defendant.  | TOP |

Jury INSTRUCTION NO. 1.22
CONSOLIDATED ACTIONS; DESIGNATION OF PARTIES

We are here trying two actions which have been consolidated for trial.

    In one case, ________________, as plaintiff[s], [is] [are] suing ______________________, as defendant[s].

    In the other case, ___________________, as plaintiff[s], [is] [are] suing __________________, as defendant[s].

    Therefore, whenever reference is made in these instructions to "plaintiff" or "defendant", such reference relates to each party in that capacity.  | TOP |

Jury INSTRUCTION NO. 1.23
IDENTIFICATION OF PARTIES AND CLAIMS

    In this trial, the plaintiffs are _______________, and the defendants are _______________.

    [The cross-complainants are _______________, and the cross-defendants are _______________.]

    [Plaintiff[s] are seeking to recover [compensatory] damages against defendants[s] _______________ based upon claims of _______________ [, and against defendant[s] _______________ based upon claims of _______________ [, and against defendant[s] _______________ based upon claims of _______________].

    [Cross-complainant[s] are seeking to recover [[compensatory] damages] [indemnity] against cross-defendant[s] _______________ [, based upon claim[s] of _______________ [, and against cross-defendant[s] _______________ based upon [a] claim[s] of _______________ ______________].  | TOP |

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