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Joseph X v. Liberty Mutual Group, Inc.

United States District Court, W.D. Kentucky, Louisville Division

March 7, 2018

KING JOSEPH X PLAINTIFF
v.
LIBERTY MUTUAL GROUP, INC. DEFENDANT

          JURY INSTRUCTIONS

         These instructions will be in three parts: first, general rules that define and control your duties as jurors; second, the rules of law that you must apply in deciding whether the Plaintiff has proven his case; and third, some rules for your deliberations. A copy of these instructions will be available for you in the jury room.

         I. GENERAL RULES CONCERNING JURY DUTIES

         It is your duty to find the facts from all the evidence in the case. You must apply the law to those facts. You must follow the law I give 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 and according to the law, as you gave your oaths to do at the beginning of this case.

         In following my instructions, you must follow all of them and not single out some and ignore others; they are all equally important. And you must not read into these instructions, or into anything I may have said or done, any suggestion as to what verdict you should return - that is a matter entirely for you to decide.

         The lawyers may refer to some of the governing rules of law in their arguments.

         However, if any differences appear to you between the law as stated by the lawyers and what I state in these instructions, you are to be governed solely by my instructions.

         BURDEN OF PROOF

         The Plaintiff has the burden of proving his case by what is called a preponderance of the evidence. That means that the Plaintiff has to produce evidence that, considered in light of all the facts, leads you to believe that what the Plaintiff claims is more likely true than not. If the Plaintiff fails to meet this burden, the verdict must be for the Defendant.

         EVIDENCE

         The evidence from which you are to decide what the facts are consists of (1) the sworn testimony of witnesses, here in Court or by deposition, both on direct and cross-examination, regardless of who called the witness; (2) the exhibits that have been received into evidence; and (3) any facts to which the lawyers have agreed or stipulated to or that have been judicially noticed.

         WHAT IS NOT EVIDENCE

         The following things are not evidence and you may not consider them in deciding what the facts are:

1) Arguments and statements by lawyers are not evidence;
2) Questions and objections by lawyers are not evidence;
3) Testimony I have instructed you to disregard is not evidence; and
4) Anything you may have seen or heard when the Court was not in session ...

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