Sentences with phrase «instructed jury»

Based on these facts, the court ruled that the trial court had properly instructed the jury.

The court first considered whether the court had properly instructed the jury on the Brokerage's liability for the actions of the Salesperson.

The Brokerage argued that the trial court should have instructed the jury that the Salesperson was required to work within the scope of her relationship with the Brokerage.

The trial court had instructed the jury that if the Salesperson had committed fraud, then the Brokerage was vicariously liable for the actions of the Salesperson.

C.A., July 26, 2011)(34444) June 7, 2013 Any defence with an air of reality should go to the jury, and meets that test if there is (1) evidence (2) upon which a properly instructed jury acting reasonably could acquit if it believed the evidence to be true.

Instead, the trial judge instructed the jury that,

The Court of Appeal held that judge should have instructed the jury to award damages based on the law as it existed and that the Ontario Drug Benefit Plan should not be considered a «contingency».

The trial judge had instructed the jury to regard the Ontario Drug Benefit Plan as a «contingency» meaning that it was not certain that the plan would still exist in 2028, the year in which Mr. El - Khodr would turn age 65 and first qualify for it.

The trial judge instructed the jury that Rankin's Garage owed J.J. a duty of care, among other things «because people who [are] entrusted with the possession of motor vehicles must assure themselves that the youth in their community are not able to take possession of such dangerous objects.»

The air of reality test requires trial judges, taking the proposed evidence at its greatest strength, to determine whether the record would contain (by quotation) «a sufficient factual foundation for a properly instructed jury to give effect to the defence».

At trial, our office referenced the law of damages in closing arguments and the court instructed the jury on each of these aspects.

At the prosecutor's request and over Harris» objection, the trial judge instructed the jury that if they decided that Harris had tried to change his appearance to avoid being identified, they could consider it as evidence of his feelings of guilt.

BASF appealed on three questions: whether the trial court erred in granting a directed verdict to the plaintiff on a statute of limitations defense, whether the plaintiff showed sufficient proof that diacetyl provided by BASF caused his injuries, and whether the court improperly instructed the jury about BASF's duty to warn of diacetyl's hazards.

While there is no clear rule of law that a qualified identification standing alone will never amount to sufficient evidence of identification to support a committal to stand trial, in my view, when I consider the relevant case law, the qualified identification given by Mr. Crane, without some other evidence, is not sufficient evidence to amount to some evidence of identification that a properly instructed jury, acting reasonably, could convict on.

Counsel for Mr. V argued that the identification by Mr. Crane amounts to nothing more than a resemblance and as such, there is no evidence upon which a properly instructed jury acting reasonably could convict.

That is how you instructed your jury in this case to perform and for good reason.

It is much lower: is there evidence upon which a reasonable and properly instructed jury could convict.

In addition, the trial judge should have instructed the jury that they could not use the evidence of F.T.'s discreditable conduct to find that he had a propensity to commit the crimes with which he was charged.

In Alabama, unlike any other State in the Union, the trial judge has unbridled discretion to sentence the defendant to death — even though a jury has determined that death is an inappropriate penalty, and even though no basis exists for believing that any other reasonable, properly instructed jury would impose a death sentence.

She argued that the judge should have instructed the jury on the «presumption of negligence» and because the judge declined to do so, the appellate court should reverse the jury verdict.

The appeals panel also ruled that Adwent's claim that the trial judge should have instructed the jury on contributory negligence also did not hold up because there was no reason to think doing so would have had any impact on the jury.

RT @crimlacy: Borenstein J.: no properly instructed jury acting reasonably could convict Lougheed Jr. or Sorbara of Count 1 Bribery - Acqui...

The main question is whether the judge improperly instructed the jury on the use of the accused's criminal record and evidence of bad character.

During the trial, Judge Maass instructed the jury to assume that Morgan Stanley was guilty of «massive fraud.»

The judge instructed the jury that there were no defences for it to consider, despite the fair comment defence having been pleaded and presented to the jury in opening statement.

No accused is entitled to a perfectly instructed jury.

Chief Justice Popescul instructed the jury that it was within Gerald's rights to get his gun and fire warning shots into the air, but the jury must decide whether the actions he took after that continued to be lawful.

However, the appellant, like all who elect to be tried by judge and jury, had the right to a properly instructed jury

He instructed the jury in line with R. v. Simpson, [1988] 1 S.C.R. 3 (S.C.C.), namely, that the jury could not use the fact of Dam's guilty plea to infer guilt on behalf of the named co-conspirators.

In reasons released today, the court in Jin v. Spurrel, 2017 BCSC 1256, agreed with the defence and instructed the jury that they may draw an adverse inference based on the plaintiff's failure to call a lay witness who observed him both before and after the accident.

The court had instructed the jury,» [I] f the medical, hospital, rehabilitation, or physical therapy expenses were paid by a third party such as a medical insurance company or a health maintenance organization, that party can seek reimbursement from any amount paid from any judgment you may award.»

After the conclusion of the evidence, the judge instructed the jury that the defendant caused the accident and that the only issues the jurors were to determine were causation and damages.

The judge also instructed the jury that they could disregard the appellant's alibi if they felt it was fabricated.

The Second U.S. Circuit Court of Appeals in Manhattan overturned his conviction last month because Caproni did not correctly describe the type of «official act» Silver had to perform to be guilty in a bribery scheme, but it said there was sufficient evidence for a properly instructed jury to convict.

The Second Circuit tossed Silver's conviction, finding that the judge improperly instructed the jury on the law.

In a unanimous ruling, the panel considering Mr. Silver's case concluded that given the McDonnell decision, the jury instructions at the former speaker's trial were erroneous, and that a properly instructed jury might not have convicted him.

The United States Court of Appeals for the Second Circuit in Manhattan concluded, in light of the Supreme Court's narrower definition, that the jury instructions given by the judge in Mr. Silver's trial were erroneous and that a properly instructed jury might not have convicted him.

The court did, however, say that there was sufficient evidence for a properly instructed jury to convict the two Skeloses, and Manhattan U.S. Attorney Joon Kim immediately announced plans for a retrial.

Citing the Supreme Court's ruling in McDonnell's case, Boyland argued that his conviction on 19 bribery - related charges should be tossed because the court improperly instructed the jury on what is an «official act.»

But the Second Circuit did find there was sufficient evidence for a properly instructed jury to convict.

Prosecutors immediately said they would pursue a retrial after the Second Circuit ruling, but Silver asked the Supreme Court to intervene and prohibit any retrial on the grounds that the government produced insufficient evidence for a properly instructed jury to find him guilty.

So the law provides, and so the judge instructed the jury.

Bailiff, will you please take both defendants back to their cells so that I can instruct the jury?

In Inherit the Wind, Drummond gives a tough - sounding speech about the tradeoffs of progress, instructing the jury that every advance of civilization requires that something be surrendered: «Darwin moved us forward to a hilltop, where we could look back and see the way from which we came.

Federal Judge Valerie Caproni said she did not plan to instruct the jury.

The judge in the case, Valerie Caproni, felt compelled to instruct the jury that under state law, the campaign contributions are all legal.

The judge said he will instruct the jury to continue deliberating.

The state Court of Appeals in a ruling Thursday found judges will now be required to instruct juries that witness identifications of suspects of a different race is less reliable than when people make IDs from their own race.

The state's top court ruled that judges will now be required — when asked — to instruct juries that witness identifications of suspects from a different race is less reliable than when people make IDs from their own race.

With closing arguments complete, Judge Valerie E. Caproni is expected to instruct the jury in former Assembly Speaker Sheldon Silver's corruption case today, after which it is to begin its deliberations.