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Lawman v. City and County of San Francisco

United States District Court, N.D. California

August 1, 2016

GARY RICHARD LAWMAN, Plaintiff,
v.
CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants.

          [PROPOSED] PRELIMINARY JURY INSTRUCTIONS

          Donna M. Ryu United States Magistrate Judge

         Counsel shall raise any objections to these proposed preliminary jury instructions at the August 3, 2016 supplemental pretrial conference.

         DUTY OF JURY

         Ladies and gentlemen: You are now the jury in this case. It is my duty to instruct you on the law.

         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.

         It is 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.

         In following my instructions, you must follow all of them and not single out some and ignore others; they are all important.

         CLAIMS AND DEFENSES

         To help you follow the evidence, I will give you a brief summary of the positions of the parties:

[Parties to provide for court review.]

         BURDEN OF PROOF-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.

         TWO OR MORE PARTIES-DIFFERENT LEGAL RIGHTS

         You should decide the case as to each defendant party separately. Unless otherwise stated, the instructions apply to all parties.

         EVIDENCE

         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 lawyers have agreed.

         In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you:

(1) Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they have said in their opening statements, will say in their closing arguments, and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them ...

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