Effective Instructions to the Federal Jury in Civil Cases: A Consideration in Microcosm
Syracuse Law Review, Vol. 18, Pp. 559-591 (1967).
CUA Columbus School of Law Legal Studies Research Paper No. 2016-3
34 Pages Posted: 3 Feb 2016
Date Written: 1967
Abstract
The efficient administration of justice is -- today -- as it was nearly fifty years ago -- an issue of great moment -- not only for trial lawyers, but for judges, juries, and for civil litigants. In particular, much confusion surrounds the inefficiencies of the jury system -- and the jury's inability to both follow and comprehend the instructions given to it by the court. A lay jury is entitled to instructions which are conversational, understandable, un-slanted, and accurate. The ultimate success of jury instructions is predicated upon a competent, conscientious judge and an ethical attorney who is skilled in drafting the applicable and correct law of the case. Drawn upon responses from some fifty Federal judges and five Appendices of model instructions, and of interrogatories, together with extensive cases, this Article argues that when standard pattern jury instructions are used as but guides for the drafting of individualized case instructions, they serve to increase the over all effectiveness of the instructions, themselves, and improve the administration of justice by expediting the complicated routine of a trial.
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