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This is what Judge Koh's tentative
final jury instructions would say about the relevant factors and how to consider them:
In this way,
final jury instructions differ from preliminary instructions because final instructions are tailored to each trial, while preliminary instructions apply to the job jurors have in all trials.
For instance, in a personal injury case involving a defective product,
the final jury instructions will include information on both personal injury law and products liability law, as well as an explanation of the general negligence standard that may apply to both personal injury and products liability cases.
Not exact matches
in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, during
final instructions, a
jury charge on the cross-race effect, instructing (1) that the
jury should consider whether there is a difference in race between the defendant and the witness who identified the defendant, and (2) that, if so, the
jury should consider (a) that some people have greater difficulty in accurately identifying members of different race than in accurately identifying members of their own race and (b) whether the difference in race affected the accuracy of the witness's identification.