United States District Court, N.D. California, San Jose Division
PRELIMINARY JURY INSTRUCTIONS
H. KOH United States District Judge
DUTY OF JURY
of the jury: You are now the jury in this case. It is my duty
to instruct you on the law.
instructions are preliminary instructions to help you
understand the principles that apply to civil trials and to
help you understand the evidence as you listen to it. You
will be allowed to keep this set of instructions to refer to
throughout the trial. These instructions are not to be taken
home and must remain in the jury room when you leave in the
evenings. At the end of the trial, these instructions will be
collected and I will give you a final set of instructions. It
is the final set of instructions that will govern your
your duty to find the facts from all the evidence in the
case. To those facts you will apply the law as I give it to
you. 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. You will recall that you took an
oath to do so.
do not read into these instructions or anything I may say or
do that I have an opinion regarding the evidence or what your
verdict should be.
CLAIMS AND DEFENSES
you follow the evidence, I will give you a brief summary of
the positions of the parties:
plaintiff Nathalie Thuy Van asserts that Defendant Language
Line, LLC did not pay her for overtime she worked, did not
provide her meal and rest breaks, and did not provide her
with accurate wage statements. The plaintiff has the burden
of proving these claims.
defendant denies these claims.
BURDEN OF PROOF-PREPONDERANCE OF THE EVIDENCE
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.
should base your decision on all of the evidence, regardless
of which party presented it.
WHAT IS EVIDENCE
evidence you are to consider in deciding what the facts are
(1) the sworn testimony of any witness;
(2) the exhibits which are received in evidence;
(3) any facts to which the parties have ...