United States District Court, W.D. Kentucky, Louisville Division
of the Jury, now that you have heard all of the
evidence and the argument of the attorneys, I will give you
instructions on the law applicable to this case and how to
reach a verdict.
your duty as jurors to follow the law stated in the
instructions and to apply it to the facts you find from the
single out one instruction alone as stating the law. Rather,
consider the instructions as a whole.
let the wisdom of any rule of law concern you. You must apply
the law in these instructions whether you agree with it or
your duty to determine the facts. In so doing, you must
consider only the evidence I have admitted. The term
"evidence" includes the sworn testimony of the
witnesses, both live and by deposition, and the exhibits
admitted in the record. It is your own interpretation and
recollection of the evidence that controls. You are permitted
to draw reasonable inferences, deductions, and conclusions
from the testimony and exhibits that you feel are justified
in the light of your own common sense. The attorneys'
statements, objections, and arguments are not evidence. What
the lawyers have said is not binding upon you. My legal
rulings are not evidence, and my comments and questions are
telling you to consider the evidence, I do not mean to
suggest that you must necessarily accept all of the evidence
as true or accurate. You are the sole judges of the
credibility or believability of each witness and the weight
to be given their testimony. You may measure the credibility
of any witness by considering their demeanor on the
witness-stand, their frankness or lack of it, and their
interest in the outcome of the case, if any. You are free to
believe everything that a witness said, only part of it, or
none of it at all. But you should act reasonably and
carefully in making these decisions.
witness may be discredited or impeached by contradictory
evidence or by evidence that the witness said or did
something, or failed to say or do something, at some other
time that is inconsistent with the witness' present
testimony. If you believe any witness has been impeached, and
thus discredited, you may determine the weight, if any, to
give such a conclusion.
are two types of evidence: "direct evidence" and
"circumstantial evidence." Direct evidence is
direct proof of a fact, such as testimony by a witness about
what that witness saw, heard, or did. If a witness testified
that he saw it raining outside, and you believed him, that
would be direct evidence that it was raining. Circumstantial
evidence is proof of one or more facts from which one could
find another fact. If someone walked into the courtroom
wearing a raincoat covered with drops of water and carrying a
wet umbrella, that would be circumstantial evidence from
which you could conclude that it was raining. The law makes
no distinction between the weight that you should give to
either one, nor does it say that one is any better evidence
than the other. It is your job to decide how much weight to
give the direct and circumstantial evidence.
rules of evidence permit a witness who by education and
experience has become an expert in any art, science, or
profession to state an opinion and the reasons for it. You
should consider this evidence and give it such weight as you,
in the application of your common sense, think it deserves.
If you conclude that the reasons supporting an opinion are
not sound or that other credible evidence or expert opinions
outweigh the opinion of a particular expert, then you may
reject that opinion in whole or in part.
number of witnesses testifying does not necessarily determine
the weight you should give testimony. The quality and
credibility of the evidence is usually more important in your
deliberations. Likewise, the number or length of exhibits
does not determine the weight you should give to the
these duties fairly. Do not let any bias, sympathy, or
prejudice that you may feel toward one side or the other
influence your decision in any way.
case, Plaintiff must persuade you that her claim is more
likely true than not.
verdict must represent the considered judgment of each juror.
In order to return a verdict, it is necessary that each juror
agree. Your verdict must be unanimous.
your duty as jurors to consult with one another and to
deliberate with a view to reaching an agreement, if you can
do so without violence to individual judgment. You must each
decide the case for yourself, but only after an impartial
consideration of the evidence in the case with your fellow
jurors. In the course of your deliberations, do not hesitate
to reexamine your own views and even change your opinion if
you become convinced it is erroneous. But do not surrender
your honest conviction as to the weight or effect of the
evidence solely because of the opinion of your fellow jurors
or for the mere purpose of returning a verdict.
your deliberations, you must not discuss the case with anyone
outside of the jury or provide anyone outside of the jury
with any information about this case. You may not use any
electronic device or media, such as a telephone, cell phone,
smart phone, iPhone, Android, or computer; the Internet, any
Internet service, or any text or instant messaging service;
or any Internet chat room, blog, or website, such as
Facebook, Linkedln, Instagram, YouTube, Snapchat, or Twitter,
to communicate to anyone any information about this case or
to conduct any research about this case until I have accepted
retiring to the jury room, you will select someone to act as
your foreperson. The foreperson will preside over your
deliberations and will be your spokesperson here in Court.
have any questions or messages, the foreperson must write
them down on a piece of paper, sign them, and then give them
to the Court Security Officer. Do not ever write down or tell
anyone, including me, how you stand on your votes. The Court
Security Officer will give any notes to me, and I will
respond as soon as I can. Please understand that I may decide
that it would be inappropriate for me to answer a particular
question. If I do that, it is not meant ...