--- title: "Another Reason Why Trials are so Risky: Jury Instructions" description: "I 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." --- [Dan's Desk](https://www.gallatin-law.com/blog/author/dan-gallatin) - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer) - [hugo](https://www.gallatin-law.com/blog/tag/hugo) - [MN](https://www.gallatin-law.com/blog/tag/mn) - [law](https://www.gallatin-law.com/blog/tag/law) - [attorney](https://www.gallatin-law.com/blog/tag/attorney) - [legal](https://www.gallatin-law.com/blog/tag/legal) [Subscribe](https://www.gallatin-law.com/blog/another-reason-why-trials-are-so-risky-jury-instructions#) 04/27/2017 # Another Reason Why Trials are so Risky: Jury Instructions - - - - - [mailto:?subject=Another%20Reason%20Why%20Trials%20are%20so%20Risky%3A%20Jury%20Instructions&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fanother-reason-why-trials-are-so-risky-jury-instructions](mailto:?subject=Another%20Reason%20Why%20Trials%20are%20so%20Risky%3A%20Jury%20Instructions&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fanother-reason-why-trials-are-so-risky-jury-instructions) ![legal gamble](http://96bda424cfcc34d9dd1a-0a7f10f87519dba22d2dbc6233a731e5.r41.cf2.rackcdn.com/gallatinlaw/legal_gamble.jpg)I 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](http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/juryinstruct.html). 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. - [court](https://www.gallatin-law.com/blog/tag/court), - [discretion](https://www.gallatin-law.com/blog/tag/discretion), - [attorney](https://www.gallatin-law.com/blog/tag/attorney), - [hugo](https://www.gallatin-law.com/blog/tag/hugo), - [judge](https://www.gallatin-law.com/blog/tag/judge), - [Jury Instructions](https://www.gallatin-law.com/blog/tag/jury-instructions), - [law](https://www.gallatin-law.com/blog/tag/law), - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer), - [legal](https://www.gallatin-law.com/blog/tag/legal), - [minnesota](https://www.gallatin-law.com/blog/tag/minnesota), - [MN](https://www.gallatin-law.com/blog/tag/mn), - [risk](https://www.gallatin-law.com/blog/tag/risk), - [trial](https://www.gallatin-law.com/blog/tag/trial) ![Dan Gallatin](https://www.gallatin-law.com/hubfs/assets-mjfw/site%20images/Dans-Desk.jpg) ## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin) Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo. ### CONNECT WITH ME - ## Related Posts [08/09/2017 Gallatin Law, PLLC Prevails at Minnesota Court of Appeals In an appeal brought by one of Minneapolis' largest law firms subsequent to a trial in which my client prevailed, the Court of Appeals has ruled in… Read Post ](https://www.gallatin-law.com/blog/gallatin-law-pllc-prevails-at-minnesota-court-of-appeals) [05/01/2019 Trial Risks: Credibility In law school, a professor warned against one major trial peril: Being too in love with your own case. What he meant was, don't become so enamored… Read Post ](https://www.gallatin-law.com/blog/trial-risks-credibility) ### Subscribe Here! ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Dan Gallatin", "url" : "https://www.gallatin-law.com/blog/author/dan-gallatin" }, "dateModified" : "2020-08-21T22:34:06.139Z", "datePublished" : "2017-04-27T05:00:00.000Z", "headline" : "Another Reason Why Trials are so Risky: Jury Instructions", "mainEntityOfPage" : { "@id" : "https://www.gallatin-law.com/blog/another-reason-why-trials-are-so-risky-jury-instructions", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://www.gallatin-law.com/hubfs/logos/Gallatin-Logo-654x84.png" }, "name" : "Gallatin Law, PLLC" } } ```