Effective Instructions to the Federal Jury in Civil Cases: A Consideration in Microcosm

34 Pages Posted: 3 Feb 2016

See all articles by George P. Smith

George P. Smith

Catholic University of America (CUA) - Columbus School of Law

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.

Suggested Citation

Smith, George P., Effective Instructions to the Federal Jury in Civil Cases: A Consideration in Microcosm (1967). Syracuse Law Review, Vol. 18, Pp. 559-591 (1967)., CUA Columbus School of Law Legal Studies Research Paper No. 2016-3, Available at SSRN: https://ssrn.com/abstract=2726152

George P. Smith (Contact Author)

Catholic University of America (CUA) - Columbus School of Law ( email )

3600 John McCormack Rd., NE
Washington, DC 20064
United States

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