PRELIMINARY JURY INSTRUCTIONS
Preliminary Instruction 1:
Ladies and gentlemen: You are now the jury in this case. It is my duty to instruct you on the law.
It is your duty to find the facts from all the evidence in the case. You, and you alone, are the judges of the facts. You will hear the evidence, decide what the facts are, and then apply those facts to the law which I will give to you. This is how you will reach your verdict.
You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. The evidence will consist of the testimony of witnesses, documents, and other things received into evidence as exhibits and any facts on which the lawyers agree or which I may instruct you to accept.
You must not infer from these instructions or from anything I may say or do as indicating that I have an opinion regarding the evidence or what your verdict should be.
In following my instructions, you must follow all of them and not single out some and ignore others; they are all important.
Preliminary Instruction 2:
During the trial you may hear me use a few terms that you may not have heard before. I will briefly explain some of the most common to you. The party who has brought suit is called the plaintiff. In this action, the plaintiff is retired General Charles E. "Chuck" Yeager or Gen. Yeager. The party being sued is called the defendant. The defendant in this case is AT&T Mobility, LLC, which was previously known as Cingular Wireless. For purposes of this lawsuit, AT&T Mobility, LLC is liable for the actions of Cingular Wireless.
Plaintiff is represented by John Zarian and Kennedy Luvai. Defendant is represented by Ronald Kohut, Laura Hoopi and Stephen Lau. s.
The attorneys representing the parties in this case are not allowed to speak with you. When you see the attorneys at a recess or pass them in the halls and they do not speak to you, they are not being rude or unfriendly -- they are simply following the law.
You will sometimes hear me refer to "counsel." Counsel is another way of saying "lawyers" or "attorneys." I will sometimes refer to myself as the "court."
To help you follow the evidence, I will give you a brief summary of the positions of the parties:
Gen. Yeager claims that Cingular Wireless used his name, without consent, as part of a press release issued on May 17, 2006. AT&T Mobility, LLC is liable for the actions of Cingular. Gen. Yeager claims the use of his name by Cingular Wireless violated his right to publicity. Gen. Yeager seeks monetary damages.
AT&T denies that they are liable for violating Gen. Yeager's right to publicity because the use of Gen. Yeager's name by Cingular Wireless was lawful.
Plaintiff has the burden of proving his claims. He must prove his claims by a preponderance of the evidence. When a party has the burden of proof on any claim by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim is more probably true than not true.
You should base your decision on all of the evidence, regardless of which party presented it.
Preliminary Instruction 3:
The evidence you are to consider in deciding what the facts are consists of:
1) the sworn testimony of any witness;
2) the exhibits which are received into evidence; and
3) any facts to which the parties have agreed.
There are rules of evidence that control what can be received into evidence. From time to time during the trial, I may make rulings on objections or motions made by the lawyers. When I sustain an objection, I am excluding that evidence from this trial. If I sustain or uphold an objection to a question that goes unanswered by the witness, you should not draw any inferences or conclusions from the question. You must ignore the question and must not ...