Another Reason Why Trials are so Risky: Jury Instructions

legal gambleI good friend and lawyer has a standby line: Trial is legalized gambling. The point of the statement is that the outcome of the trial is far from a certainty, regardless of what you perceive your odds to be.

An element of a trial that most non-lawyers are not aware of is the significance of jury instructions. There are many, many scripted jury instructions. But, a judge presiding over the trial has "broad discretion" in crafting jury instructions. It is quite literally the possibility that a trial occurring in Anoka on the exact same claims as a trial occurring in Stillwater could have different jury instructions. So long as the instructions given by the judge capture the "material essence of the law" the appellate court will support the use of the instruction.

A trial is extremely complex and many elements over and above questioning witnesses. Reducing your risk of ever going to trial is a core element of my business counseling. Let me assist you with affirming your company reduces its risk as much as possible.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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