Pennsylvania's Committee on Proposed
Standard Civil Jury Instructions had refused to use the «error of judgment» charge since 1981, and then the Superior Court had rejected it in Pringle v. Rapaport, 980 A. 2d 159 (Pa.Super.
One helpful articulation of the American doctrine can be seen in California
Standard Civil Jury Instruction No. 2334, which can be paraphrased from the American legalese as follows, for ease of reading:
Not exact matches
This is more problematic in criminal trials, where
jury questions could provide evidence pushing a case over the threshold of proof needed to prove beyond a reasonable doubt that the prosecution failed to provide, than in
civil cases with a preponderance of the evidence
standard.
Such rules of
civil practice include guidelines as to the type of information that is acceptable by a
jury or judge, the method of presentation of the information, and by what
standards of proof a judgment will be made based on the information.
The Florida Supreme Court approves
standard jury instructions that are to be used in all
civil actions.
SC09 - 301 — In Re:
Standard Jury Instructions in
Civil Cases — Report No. 09 - 05 (Medical Malpractice Insurer's Bad Faith Failure to Settle)