BarbriSFCourseDetails

Course Details

This CLE course will discuss preventing defective jury instructions as well as relying on them to appeal a personal injury verdict. The program will offer guidance on drafting proper instructions as well as identifying and preserving objections to incorrect or misleading instructions for appeal. The panel will focus on instructions related to key issues, such as burdens of proof, standards of care, definitions, causation, apportionment, and allocation of damages, as well as discuss current trends and cases.

Faculty

Description

Jury instructions can make or break a litigant's case. One of the most frequent reasons for reversal on appeal is erroneous jury instructions. This can be expensive, bad news for the prevailing party. Too often counsel treat jury charges and instructions as an afterthought or rely on model instructions, which can be rife with error.

Counsel often craft instructions in a way that is most helpful to their clients but may end up giving their opponent ammunition to overturn a favorable judgment. In personal injury cases, instructions can misstate or fail to explain burdens of proof, standards of care, definitions, causation, apportionment, and allocation of damages.

Careful litigants must be vigilant in both identifying and preserving objections to jury instructions and understand the various standards of review.

Listen as this experienced panel of trial attorneys offers guidance for preventing defective jury instructions as well as relying on them to appeal a personal injury verdict.

Outline

  1. Using jury instructions to guide trial preparation
  2. Overreliance on model instructions
  3. Common objections
    1. Instruction comments on the weight of the evidence
    2. Failure to distinctly apply the law to the facts of the case
    3. Authorizing relief on facts not in evidence
  4. Recurring problems with instructions on key issues
  5. Considerations for appealing

Benefits

The panel will address these and other pivotal issues:

  • What topics of instructions are most often faulty?
  • What are the best strategies for striking model jury instructions?
  • On appeal, what is the standard of review for jury instructions?
  • Can the argument of counsel overcome faulty instructions or waive objections?