JURY INSTRUCTIONS - United States District Court for the Eastern ...

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTICT OF MICHIGAN

SOUTHERN DIVISION

ATSALIS BROTHERS PAINTING COMPANY,

Plaintiff, v.

Case No. 15-12054 Honorable Victoria A. Roberts

CARBOLINE COMPANY,

Defendant. ________________________________/

JURY INSTRUCTIONS

TABLE OF CONTENTS

Jury Instruction

Title

1

General Introduction, Instructions at Close of Evidence: Duty of Court and Jury

2

Instructions Apply to Each Party

3

All Persons Equal Before the Law ? Organizations

4

Court's Comments Not Evidence

5

Questions Not Evidence

6

Number of Witnesses

7

Discrepancies of Testimony

8

Preponderance of the Evidence

9

"If You Find" or "If You Decide"

10

"Inferences" Defined

11

Expert Witnesses

12

Charts and Summaries

13

Contract Action ? UCC: Explanation and Burden of Proof

14

Words Given Ordinary Meaning

15

Contract Action ? UCC: Buyer's Acceptance of Nonconforming Goods

16

Contract Action ? UCC: Express Warranty ? Definition

17

Contract Action ? UCC: Express Warranty ? Burden of Proof

18

Cumulation and Conflicts of Warranties Express of Implied

Contract Damages ? UCC: Seller's Breach by Delivery of

19

Nonconforming Goods Which the Buyer Accepts ? Buyer's

Damages

20

Contract Damages ? UCC: Buyer's Breach by Nonpayment After Acceptance ? Seller's Action for Price

21

Definition of Proximate Cause

22

Mitigation of Damages

23

Effect of Instruction as to Damages

24

Election of Foreperson ? General Verdict

25

Verdict Forms ? Jury's Responsibility

26

Duty to Deliberate

27

Communications Between Court and Jury During Jury's Deliberation

Page

1

2 3 4 5 6 7-8 9-10 11 12 13 14 15 16

17-18

19 20 21

22-23

24

25 26 27 28 29 30

31

Instruction No. 1, General Introduction, Instructions at Close of Evidence: Duty of Court and Jury

Now that you have heard the evidence and the argument, it is my duty to instruct you about the applicable law. It is your duty to follow the law as I will state it and to apply it to the facts as you find them from the evidence in the case. Do not single out one instruction as stating the law, but consider the instructions as a whole. Do not be concerned about the wisdom of any rule of law stated by me. You must follow and apply the law.

The lawyers may refer to some of the governing rules of law in their arguments. If there is any difference between the law stated by the lawyers and as stated in these instructions, you are governed by my instructions.

Nothing I say in these instructions indicates that I have any opinion about the facts. You, not I, have the duty to determine the facts.

You must perform your duties as jurors without bias or prejudice as to any party. The law does not permit you to be controlled by sympathy, prejudice, or public opinion. All parties expect that you will carefully and impartially consider all the evidence, follow the law as it is now being given to you, and reach a just verdict, regardless of the consequences.

1

Instruction No. 2, Instructions Apply to Each Party Unless I state otherwise, you should consider each instruction given to apply

separately and individually to each party in the case.

2

Instruction No. 3, All Persons Equal Before the Law -- Organizations You should consider and decide this case as a dispute between persons of

equal standing in the community, of equal worth, and holding the same or similar stations in life. A corporation is entitled to the same fair trial as a private individual. All persons, including corporations, and other organizations stand equal before the law, and are to be treated as equals.

3

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