United States District Court, N.D. California, San Jose Division
PRELIMINARY JURY INSTRUCTIONS (ANNOTATED)
H. KOH UNITED STATES DISTRICT JUDGE.
preliminary jury instructions have been amended as discussed
at the July 22, 2016 status conference. Specifically, the
Court has removed the instruction on stipulations of fact.
The Court has also added the instruction “Corporations
and Plaintiffs in Pro Per.”
IS SO ORDERED.
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.
Ninth Circuit Model Civil Jury Instructions - 1.1A (2007
CLAIMS AND DEFENSES
you follow the evidence, I will give you a brief summary of
the positions of the parties:
The 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.
Ninth Circuit Model Civil Jury Instructions - 1.2 (2007
CORPORATIONS AND PLAINTIFFS IN PRO PER
parties are equal before the law and a plaintiff in pro per
(a plaintiff without the representation of a professional
attorney) and a corporation are entitled to the same fair and
conscientious consideration by you as any party.
Stipulation of the parties.
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.
Ninth Circuit Model Civil Jury Instructions - 1.3 (2007
WHAT IS EVIDENCE
evidence you are to consider in deciding what the ...