FILED: NEW YORK COUNTY CLERK 09/01/ :38 PM INDEX NO /2013 NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 09/01/2017

Size: px
Start display at page:

Download "FILED: NEW YORK COUNTY CLERK 09/01/ :38 PM INDEX NO /2013 NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 09/01/2017"

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SOPHOCLES ZOULLAS, Index No /2013 vs. Plaintiff, DEFENDANT S PROPOSED JURY CHARGES NICHOLAS ZOULLAS, Defendant. Defendant Nicholas Zoullas submits the accompanying Proposed Jury Charges to be read at the onset of trial and after the close of evidence. I. PROPOSED CHARGES TO BE READ AT THE ONSET OF TRIAL 1) PJI 1:3 Openings and Evidence When I have completed these opening instructions to you, the attorneys will make opening statements to you in which each will outline for you what (he, she) expects to prove. The purpose of such opening statements is to tell you about each party's claims so that you will have a better understanding of the evidence as it is introduced. What is said in such opening statements is not evidence. The evidence upon which you will base your decision will come from the testimony of witnesses here in court or in examinations before trial, or in the form of photographs, documents, or other exhibits introduced into evidence. Plaintiff makes an opening statement first, and is followed by defendant. After the opening statements, plaintiff will introduce evidence in support of (his, her) claim. Normally a plaintiff must produce all of (his, her) witnesses and complete (his, her) entire case before defendant introduces any evidence, although exceptions are sometimes made to that rule in order to accommodate a witness. After plaintiff has completed the introduction v of 20

2 of all of (his, her) evidence, defendant may present witnesses and exhibits. If (he, she) does so, plaintiff may be permitted to offer additional evidence for the purpose of rebutting defendant's evidence. Each witness is first examined by the party who calls that witness to testify, and then the opposing party is permitted to question the witness. Additional examination and questioning of a witness may occur. 2) PJI 1:4 Objections, Motions, Exceptions At times during the trial, an attorney may object to a question or to the introduction of an exhibit or make motions concerning legal questions that apply to this case. Arguments in connection with such objections or motions are sometimes made out of the presence of the jury. Any ruling upon such objections or motions will be based solely upon the law and therefore you must not conclude from any such ruling or from anything I say during the course of the trial that I favor (either, any) party to this lawsuit. After such a ruling, you may hear one of the attorneys taking what we call an exception to it. Exceptions have nothing to do with your role in this case and I mention the procedure to you so that you will not be confused if you hear the word during the trial. 3) PJI 1:5 Summations Upon completion of the introduction of evidence, the attorneys will again speak to you in a closing statement or summation. In summing up, the lawyers will point out what they believe the evidence has shown, what inferences or conclusions they believe you should draw from the evidence and what conclusions they believe you should reach as your verdict. What is said by the attorneys in summation, like what is said by them in their opening statements, or in the making of 2 2 of 20

3 objections or motions during the trial, is not evidence. Summations are intended to present the arguments of the parties based on the evidence. Under our system, the defendant sums up first, followed by the plaintiff. 4) PJI 1:6 Function of Court and Jury After the summations, I will instruct you on the rules of law applicable to the case and you will then retire for your deliberations. Your function as jurors is to decide what has or has not been proved and apply the rules of law that I give you to the facts as you find them to be. The decision you reach will be your verdict. Your decision will be based on the testimony that you hear and the exhibits that will be received in evidence during the trial. You are the sole and exclusive judges of the facts and nothing I say or do should be taken by you as any indication of my opinion as to the facts. As to the facts, neither I nor anyone else may invade your province. I will preside impartially and not express any opinion concerning the facts. Any opinions of mine on the facts would, in any event, be totally irrelevant because the facts are for you to decide. On the other hand, and with equal emphasis, I instruct you that in accordance with the oath you took as jurors you are required to accept the rules of law that I give you whether you agree with them or not. You are not to ask anyone else about the law. [If a lawyer or judge is a member of the jury, the following should be added: including the lawyer or judge serving as a juror.] You should not consider or accept any advice about the law from anyone else but me. 3 3 of 20

4 5) PJI 1:7 Consider Only Competent Evidence As the sole judges of the facts, you must decide which of the witnesses you believe, what portion of their testimony you accept and what weight you give to it. At times during the trial I may sustain objections to questions and you may hear no answer, or, where an answer has been made, I may instruct that it be stricken or removed from the record and that you disregard it and dismiss it from your minds. You may not draw any inference or conclusion from an unanswered question nor may you consider testimony which has been stricken or removed from the record in reaching your decision. The law requires that your decision be made solely upon the evidence before you. Such items as I exclude from your consideration will be excluded because they are not legally admissible. 6) PJI 1:8 Weighing Testimony The law does not, however, require you to accept all of the evidence I shall admit. In deciding what evidence you will accept you must make your own evaluation of the testimony given by each of the witnesses, and decide how much weight you choose to give to that testimony. The testimony of a witness may not conform to the facts as they occurred because he or she is intentionally lying, because the witness did not accurately see or hear what he or she is testifying about, because the witness' recollection is faulty, or because the witness has not expressed himself or herself clearly in testifying. There is no magical formula by which you evaluate testimony. You bring with you to this courtroom all of the experience and background of your lives. In your everyday affairs you decide for yourselves the reliability or unreliability of things people tell you. The same tests that you use in your everyday dealings are the tests which you apply in your 4 4 of 20

5 deliberations. The interest or lack of interest of any witness in the outcome of this case, the bias or prejudice of a witness, if there be any, the age, the appearance, the manner in which the witness gives testimony on the stand, the opportunity that the witness had to observe the facts about which he or she testifies, the probability or improbability of the witness' testimony when considered in the light of all of the other evidence in the case, are all items to be considered by you in deciding how much weight, if any, you will give to that witness' testimony. If it appears that there is a conflict in the evidence, you will have to consider whether the apparent conflict can be reconciled by fitting the different versions together. If, however, that is not possible, you will have to decide which of the conflicting versions you will accept. 7) Proposed Instruction re: Absence of Nicholas The defendant, Nicholas Zoullas, will not be testifying in this case. He is 79 years old, infirm, and medical professionals have determined that he is unable to participate in this trial. The absence of Mr. Nicholas Zoullas should not and may not be the basis for an inference against him, and you should not consider the absence of his testimony in evaluating the evidence. 8) Interested Witness Instruction Modeled on PJI 1:91 PJI Instruction Verbatim: The plaintiff and the defendant both testified before you. As parties to the action, both are interested witnesses. An interested witness is not necessarily less believable than a disinterested witness. The fact that (he, she) is interested in the outcome of the case does not mean that (he, she) has not told the truth. It is for you to decide from the demeanor of the witness on the stand and such other tests as your experience dictates whether or not the testimony has been influenced, intentionally or unintentionally, by (his, her) interest. You may, if you consider it proper under all of the 5 5 of 20

6 circumstances, not believe the testimony of such a witness, even though it is not otherwise challenged or contradicted. However, you are not required to reject the testimony of such a witness, and may accept all or such part of (his, her) testimony as you find reliable and reject such part as you find unworthy of acceptance. Proposed Instruction: The plaintiff testified before you. As a party to the action, he is an interested witness. An interested witness is not necessarily less believable than a disinterested witness. The fact that he is interested in the outcome of the case does not mean that he has not told the truth. It is for you to decide from the demeanor of the witness on the stand and such other tests as your experience dictates whether or not the testimony has been influenced, intentionally or unintentionally, by his, interest. You may, if you consider it proper under all of the circumstances, not believe the testimony of such a witness, even though it is not otherwise challenged or contradicted. However, you are not required to reject the testimony of such a witness, and may accept all or such part of his testimony as you find reliable and reject such part as you find unworthy of acceptance. Redline: The plaintiff and the defendant both testified before you. As partiesa party to the action, both arehe is an interested witnesseswitness. An interested witness is not necessarily less believable than a disinterested witness. The fact that (he, she) is interested in the outcome of the case does not mean that (he, she) has not told the truth. It is for you to decide from the demeanor of the witness on the stand and such other tests as your experience dictates whether or not the testimony has been influenced, intentionally or unintentionally, by (his, her) interest. You may, if you consider it proper under all of the 6 6 of 20

7 circumstances, not believe the testimony of such a witness, even though it is not otherwise challenged or contradicted. However, you are not required to reject the testimony of such a witness, and may accept all or such part of (his, her) testimony as you find reliable and reject such part as you find unworthy of acceptance. II. PROPOSED CHARGE TO BE READ DURING TRIAL 1) PJI 1:94 General Instruction Use of Pre-Trial Deposition Upon Trial You are about to hear the lawyer for (plaintiff, defendant) read portions of a document referred to as an examination before trial of (plaintiff, defendant, the witness AB). You may hear the lawyers refer to this document as an EBT or deposition. At some point before this trial began the (plaintiff, defendant, witness AB), under oath, answered certain questions put to (him, her) by the lawyers for (plaintiff, defendant, all parties). A stenographer recorded the questions and answers and transcribed them into a document which the (plaintiff, defendant, witness AB) later signed before a notary public. The portions of the transcript of the examination before trial that you will hear are to be considered as if (plaintiff, defendant, witness AB) were testifying from the witness stand. III. PROPOSED CHARGES TO BE READ AFTER THE CLOSE OF EVIDENCE 1) PJI 1:20 Introduction Members of the jury, we come now to that portion of the trial when you are instructed on the law applicable to the case and after which you will retire for your final deliberations. You have now heard all the evidence introduced by the parties and through arguments of their attorneys you 7 7 of 20

8 have learned the conclusions which each party believes should be drawn from the evidence presented to you. 2) PJI 1:21 Review Principles Stated You will recall that at the beginning of the trial I stated for you certain principles so that you could have them in mind as the trial progressed. Briefly, they were that you are bound to accept the law as I give it to you, whether or not you agree with it. You are not to ask anyone else about the law. [If a lawyer or judge is a member of the jury, the following should be added: including the lawyer or judge serving as a juror.] You should not consider or accept any advice about the law from anyone else but me. Furthermore, you must not conclude from my rulings or anything I have said during the trial that I favor any party to this lawsuit. Furthermore, you may not draw any inference from an unanswered question nor consider testimony which has been stricken from the record in reaching your decision. Finally, in deciding how much weight you choose to give to the testimony of any particular witness, there is no magical formula which can be used. The tests used in your everyday affairs to decide the reliability or unreliability of statements made to you by others are the tests you will apply in your deliberations. The items to be taken into consideration in determining the weight you will give to the testimony of a witness include the interest or lack of interest of the witness in the outcome of the case, the bias or prejudice of the witness, if there be any, the age, the appearance, the manner of the witness as the witness testified, the opportunity that the witness had to observe the facts about which he or she testified, the probability or improbability of the witness' testimony when considered in the light of all the other evidence in the case. If it appears that there is a conflict in the evidence, you will have to consider whether the apparent conflict can be reconciled by fitting the different versions together. 8 8 of 20

9 If, however, that is not possible, you will then have to decide which of the conflicting versions you will accept. 3) PJI 1:22 Falsus in Uno If you find that any witness has willfully testified falsely as to any material fact, that is as to an important matter, the law permits you to disregard completely the entire testimony of that witness upon the principle that one who testifies falsely about one material fact is likely to testify falsely about everything. You are not required, however, to consider such a witness as totally unbelievable. You may accept so much of his or her testimony as you deem true and disregard what you feel is false. By the processes which I have just described to you, you, as the sole judges of the facts, decide which of the witnesses you will believe, what portion of their testimony you accept and what weight you will give to it. 4) PJI 1:24 Return to Courtroom If, in the course of your deliberations, your recollection of any part of the testimony should fail, or you have any question about my instructions to you on the law, you have the right to return to the courtroom for the purpose of having such testimony read to you or have such question answered. 5) PJI 1:25 Consider Only Testimony and Exhibits In deciding this case, you may consider only the exhibits which have been admitted in evidence and the testimony of the witnesses as you have heard it in this courtroom (or as there has been read to you testimony given on examination before trial. Under our rules of practice an 9 9 of 20

10 examination before trial is taken under oath and is entitled to equal consideration by you notwithstanding the fact that it was taken before the trial and outside the courtroom). However, arguments, remarks, and summation of the attorneys are not evidence nor is anything that I now say or may have said with regard to the facts, evidence. Do not use any internet services, social media or texting services, such as Google, Facebook, and Twitter, to individually or collectively give or get any information about the case or to research topics concerning the trial. It is important that electronic devices including any cell phones, smartphones, laptops or any other personal electronic devices be turned off while you are deliberating. [In the event that the court requires the jurors to relinquish their devices, the charge should be modified to reflect the court's practice.] Allowing outside information, which may be inaccurate, to affect your judgment is unfair and prejudicial to the parties and could lead to this case having to be retried. 6) Instruction re: Statute of Limitations In June 2013, Plaintiff started this lawsuit and asserted a claim for what the law refers to as conversion. Conversion is the unauthorized assumption and exercise of the right of ownership over goods belonging to another to the exclusion of the owner s right. An action for conversion is subject to a three-year Statute of Limitations period. A Statute of Limitations refers to the period of time within which a plaintiff must bring a claim in court. If a plaintiff does not bring a claim in court before the Statute of Limitations period expires, then the lawsuit must be dismissed unless an exception applies. The purpose of a Statute of Limitation is to force a plaintiff to bring a claim within a reasonable time, so that the defendant will have timely notice of the claim. Statutes of limitation are designed to promote justice by preventing surprises through revival of claims that have been of 20

11 allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared. In this case, the parties have stipulated that the Statute of Limitations started to run no later than August 2004 when Mr. Nicholas Zoullas sold the Monet Painting to Naxos Art Inc. The parties also have stipulated that unless the doctrine of equitable estoppel applies which I will explain in a moment that the statute of limitations expired three years later in August Thus, unless equitable estoppel applies, the statute of limitations expired in August 2007, six years before plaintiff commenced this case, and you must find in favor of the defendant. Equitable estoppel is an extraordinary remedy, which if established, acts to prevent a defendant from raising the Statute of Limitations as a defense. To establish equitable estoppel, the plaintiff must show that he was induced by subsequent and specific acts of fraud, affirmative misrepresentations or deception to refrain from filing a timely action. Mere silence by the defendant is insufficient to invoke the doctrine of equitable estoppel. In addition, allegations of concealment are not sufficient unless the parties maintain what the law refers to as a fiduciary relationship. In this case, it is not disputed that that Mr. Nicholas Zoullas and Mr. Sophocles Zoullas did not have a fiduciary relationship during the relevant period of time. Accordingly, you must decide this case in favor of the defendant unless you find that the defendant made an affirmative misrepresentation to the plaintiff that reasonably caused the plaintiff to refrain from filing a lawsuit before August An affirmative misrepresentation is the making of a false statement of fact with an intent to deceive. The burden to establish equitable estoppel is on the plaintiff and it must be established by clear and convincing evidence. Clear and convincing evidence means evidence that satisfies you that there is a high degree of probability that Mr. Nicholas Zoullas made an affirmative of 20

12 misrepresentation to the plaintiff that reasonably caused the plaintiff to refrain from filing a lawsuit before August In deciding whether plaintiff has met this burden of proof you must consider the evidence offered by each side. To decide in favor of the plaintiff, it is not enough to find that the preponderance of the evidence is in his favor. A party who must prove his or her case by a preponderance of the evidence need satisfy you only that the evidence supporting his or her case more nearly represents what actually happened than the evidence that is opposed to it. But a party who must establish his or her case by clear and convincing evidence must satisfy you that the evidence makes it highly probable that what he or she claims is what actually happened. In making this assessment, you should consider at least three points: First, that Plaintiff never pleaded in his Amended Complaint that Mr. Nicholas Zoullas made a material misrepresentation to him; second, that during discovery in this case, when asked in Interrogatory Questions and at his deposition, the Defendant never claimed that Mr. Nicholas Zoullas made an affirmative misrepresentation to him; and third, that counsel for the Plaintiff previously stated to this Court that Mr. Nicholas Zoullas never made a material misrepresentation to Plaintiff.] 7) Instruction re: Elements of a Gift If the Court Decides That English Law Applies Note: This Charge has been modeled on the principles set forth in the Affirmations of Henry Legge, QC. See NYSCEF Doc. No. 124 and NYSCEF Doc. No Proposed Instruction: This proceeding was brought by the plaintiff against the defendant to recover for the monetary value of a painting by Claude Monet, titled Sainte Adresse. Plaintiff claims that the property was given to him as a gift by his grandfather on November 28, 1995 by way of a letter from his grandfather. Assuming the Statute of Limitations does not otherwise bar the plaintiff s claim and assuming I instruct you that the law of England applies to the alleged gift of the painting, you must of 20

13 answer the following question: Did plaintiff s grandfather make a valid gift of the painting to plaintiff under the law of England? Under English law, a valid gift requires a legal showing that: (1) the gift-giver had title to the item being gifted at the time of the claimed gift; (2) the gift-giver had a present intention to make an immediate gift of the property; and (3) delivery of the property to the recipient. In addition, a gift may be made subject to conditions by the gift-giver; in that case, the law requires a showing that the conditions imposed by the gift-giver have been fulfilled. Therefore, there are five issues for your consideration. The first requirement is title. Title to property means that one has ownership rights in certain specific property. Under English law, title to property can be either what the law refers to as (1) legal title or (2) equitable or beneficial title. Legal title means that one owns the actual property outright. Equitable or beneficial title means an interest in property that gives one the right to acquire formal legal title in the future. In this case, to have had legal or beneficial title to the painting at the time of the claimed gift, the plaintiff s grandfather would have had to have paid for the painting by that date. In other words, the plaintiff s grandfather could not have legal or beneficial title to the painting until, at the very earliest, the date that he paid for the painting. Therefore, the first question for your consideration is whether the plaintiff s grandfather had paid for the painting as of November 28, 1995, which is when the plaintiff claims his grandfather made a gift of the painting to him. If the plaintiff s grandfather had not paid for the painting by November 28, 1995, then his grandfather could not have made a gift of the painting to him on that date. 1 1 NOTE: As explained in the Reply Affirmation of Mr. Legge (and briefly in his moving affirmation), the concepts of equitable title and beneficial title do not apply in this case and cannot be invoked to establish a gift because, among other reasons, the plaintiff has admitted that he did not provide consideration for the claimed gift, because: under English law, an equitable interest cannot be transferred merely by delivery; one cannot gift future rights to property under English law; and no document exists that complies with Section 53(1)(c) of the Law of Property Act of of 20

14 If you answer the first question Yes that the plaintiff s grandfather paid for the painting on or before November 28, 1995 then you must proceed to the second requirement, which is intent. Under English law, the gift-giver must have a present intention to make an immediate gift of the property. The intent to make a present gift must be shown because the law does not assume that a gift was made or intended. An intention to transfer the property at some future date is not enough. Therefore, the second question for your consideration is whether the plaintiff s grandfather intended to make a present and immediate transfer of the painting to the plaintiff on November 28, If you answer the second question Yes, you must proceed to the third requirement. The third requirement is delivery. Under English law, to make delivery of a gift, the giftgiver must cause a physical delivery of the property that unequivocally suggests that the gift-giver intended to forever part with possession of the item. If you find that the plaintiff s grandfather had access to the storage facility where the painting was located after the time of the claimed gift, you must find there has not been adequate delivery of the painting and you must answer this question No. If, however, you answer this question Yes, you must proceed to the fourth requirement. The fourth requirement is that any conditions to the gift be fulfilled. Because a gift-giver is free to impose conditions before a gift becomes effective, the law requires that any conditions imposed by the gift-giver be fulfilled. Therefore, the fourth question for your consideration is whether the plaintiff s grandfather made the gift subject to any conditions. If you answer the fourth question yes, you must proceed to decide the fifth question, namely whether the conditions to the gift were fulfilled. The burden of proof is on the plaintiff to prove by a balance of the probabilities that the evidence shows that a gift was made under the law of England. A balance of the probabilities of 20

15 means the greater part of the evidence. That does not mean the greater number of witnesses or the greater length of time taken by either side. The phrase balance of the probabilities of the evidence refers to the quality of the evidence, its weight, and the effect that it has on your minds. In order for the plaintiff to prevail, the evidence that supports his claim must appeal to you as more nearly representing what happened than the evidence opposed to it. If it does not or if it weighs so evenly that you are unable to say that there is a balance of the probabilities on either side, you must decide the question against the plaintiff. 8) Instruction re: Elements of a Gift under New York Law Modeled on PJI 7:65 Proposed Instruction: This proceeding was brought by the plaintiff against the defendant to recover for the monetary value of a painting by Claude Monet, titled Sainte Adresse. Plaintiff claims that the property was given to him as a gift by his grandfather on November 28, 1995 by way of a letter from his grandfather. Assuming the Statute of Limitations does not otherwise bar the plaintiff s claim and assuming I instruct you that New York law applies to the alleged gift of the painting, you must answer the following question: Did plaintiff s grandfather make a valid gift of the painting to plaintiff under New York law? Under New York law, a valid gift requires a legal showing that: (1) the gift-giver owned an interest in the subject matter of the gift and had the right to make a gift; (2) the gift-giver intended to make a present gift of the painting; and (3) delivery of the property to the recipient. In addition, a gift may be made subject to conditions by the gift-giver; in that case, the law requires a showing that the conditions imposed by the gift-giver have been fulfilled. Therefore, there are our issues for your consideration: of 20

16 1) Did the plaintiff s grandfather own an interest in the painting on November 28, 1995 and have the right to make a gift of the Painting on that date? 2) Did the plaintiff s grandfather intend to make a present gift of the painting to plaintiff on November 28, 1995? 3) Did plaintiff s grandfather actually make delivery of the painting to plaintiff? 4) Did plaintiff s grandfather make the gift subject to any conditions and, if so, were those conditions fulfilled? The first requirement is ownership or rights in the subject matter of the gift. Because a gift-giver cannot make a gift of something that he or she does not own or have rights in, the law requires that a gift-giver own rights in the subject matter of a gift. The second requirement is intent. The intent to make a present gift must be shown because the law does not assume that a gift was made or intended. Intent to make a gift means a desire on the part of the owner of property to make a present transfer of ownership to another. An intention to transfer the property at some future date is not enough. The third requirement is delivery. Delivery means an actual transfer of possession, dominion and control of the property to the recipient. Such a transfer must be as complete as is reasonable, taking into consideration the nature of the property, the circumstances and the surroundings of the parties. The fourth requirement is that any conditions to the gift be fulfilled. Because a gift-giver is free to impose conditions before a gift becomes effective, the law requires that any conditions imposed by the gift-giver be fulfilled. The burden of proof is on the plaintiff to prove by clear and convincing evidence that a gift was made. Once again, clear and convincing evidence means evidence that satisfies you that there of 20

17 is a high degree of probability that, at the time the plaintiff s grandfather delivered the letter dated November 28, 1995 to plaintiff, that plaintiff s grandfather owned the painting and intended to give immediate ownership to plaintiff by way of a gift. In deciding whether plaintiff has met this burden of proof you must consider the evidence offered by each side and in that process you may consider the fact that plaintiff s grandfather is dead and cannot testify. To decide in favor of plaintiff, it is not enough to find that the preponderance of the evidence is in his favor. A party who must prove his or her case by a preponderance of the evidence need satisfy you only that the evidence supporting his or her case more nearly represents what actually happened than the evidence that is opposed to it. But a party who must establish his or her case by clear and convincing evidence must satisfy you that the evidence makes it highly probable that what he or she claims is what actually happened. You must answer the following five questions. The first question is: Did the plaintiff s grandfather own the painting or have rights in it on November 28, 1995? If, upon all the evidence, you are satisfied that it is highly probable that plaintiff s grandfather owned the painting or had rights in it on November 28, 1995, you will answer that question Yes. If you are not satisfied that it is highly probable that plaintiff s grandfather owned the painting or had rights in it on November 28, 1995, you will answer that question No. If you answer the first question yes, you must proceed to decide the second question: Did the plaintiff s grandfather intend to make a present gift of the painting to plaintiff on November 28, 1995? If, upon all the evidence, you are satisfied that it is highly probable that plaintiff s grandfather intended to make a present gift of the painting to him on November 28, 1995, as opposed to intending to make a gift at some time in the future, you will answer that of 20

18 question Yes. If you are not satisfied that it is highly probable that plaintiff s grandfather intended to make a gift, you will answer the question No. If you answer the second question yes, you must proceed to decide the third question, namely whether the painting was delivered to plaintiff. If you are satisfied that it is highly probable that the painting was delivered to plaintiff in a manner appropriate under the circumstances, then you must answer this question Yes. If you are not satisfied that it is highly probable that the painting was delivered to plaintiff, then you must answer this question No. If you answer the third question yes, you must proceed to decide the fourth question, namely whether plaintiff s grandfather made the gift subject to any conditions. If you are satisfied that it is highly probable that plaintiff s grandfather made the gift without any conditions, then you must answer this question No. If you are not satisfied that it is highly probable that plaintiff s grandfather made the gift without any conditions, then you must answer this question Yes. If you answer the fourth question yes, you must proceed to decide the fifth question, namely whether the conditions to the gift were fulfilled. If you are satisfied that it is highly probable that the conditions were fulfilled, then you must answer this question Yes. If you are not satisfied that it is highly probable that the conditions were fulfilled, then you must answer this question No. 9) Proposed Instruction re: Compensatory Damages If you find by clear and convincing evidence that the plaintiff has established equitable estoppel and that his grandfather gifted the Painting to him, then you must assess the amount of actual damages to award to the plaintiff. Actual damages are damages that repay actual losses that the plaintiff has suffered of 20

19 In this case, the parties have stipulated that the plaintiff did not suffer more than $1.9 million in actual damages. In other words, the most you can award the plaintiff in actual damages is $1.9 million. That is because the parties have agreed that the value of the Monet Painting is $3.9 million, and the plaintiff already reached a settlement agreement with Naxos Art Inc. in October of 2015 regarding the Painting in which he received $1,612,500 in cash and a painting by the artist Juan Gris, which plaintiff claims was worth $387,500. Thus, in total, the plaintiff claims he already has received a total $2 million of the $3.9 million. On the other hand, the defendant claims that the Juan Gris painting was worth far more than $387,500, and that the plaintiff therefore already has received more than $2 million. Thus, to the extent you find that the Juan Gris painting was worth more than $387,500 as of October 2015, the additional amount that it was worth over $387,500 must be subtracted from the $1.9 million that the plaintiff claims he is owed. Thus, by way of example only, if you find that the Juan Gris Painting was worth $887,500 which is $500,000 more than the plaintiff claims then if you otherwise find that he has proved his case, the plaintiff would be entitled to $1.4 million, or $1.9 million minus $500, ) Proposed Instruction re: Punitive Damages If you find by clear and convincing evidence that the plaintiff has established equitable estoppel and that his grandfather gifted the Painting to him, then you also must decide whether to award punitive damages to the plaintiff. Punitive damages are damages assessed to punish the wrongdoer, to make an example of the wrongdoer to others, and to deter others from engaging in similar blameworthy conduct in the future. The burden to establish punitive damages is on the plaintiff, and the plaintiff must establish, by a very high threshold, that the defendant is morally culpable, that the defendant intentionally or of 20

20 recklessly engaged in conduct which manifests maliciousness or a conscious disregard of the plaintiff s rights, and that the defendant s conduct comes close to be criminal in nature. To the extent you decide that punitive damages are appropriate in this case based upon such extraordinary conduct by Nicholas Zoullas, the amount of the punitive damages awarded must have a reasonable relationship to the actual harm that you find the plaintiff has suffered of 20

9 of their attorneys you have learned the conclusion which 10 each party believes should be drawn from the evidence

9 of their attorneys you have learned the conclusion which 10 each party believes should be drawn from the evidence 6 THE COURT: Thank you very much, Mr. Kelly. 7 Members of the jury, you have now heard all the 8 evidence Introduced by the parties and through the arguments 9 of their attorneys you have learned the conclusion

More information

3:05-cv MBS Date Filed 05/08/13 Entry Number 810 Page 1 of 16

3:05-cv MBS Date Filed 05/08/13 Entry Number 810 Page 1 of 16 3:05-cv-02858-MBS Date Filed 05/08/13 Entry Number 810 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION United States of America, ex rel. ) Michael

More information

Case 1:17-cv WYD-SKC Document 150 Filed 02/19/19 USDC Colorado Page 1 of 32 JURY INSTRUCTIONS

Case 1:17-cv WYD-SKC Document 150 Filed 02/19/19 USDC Colorado Page 1 of 32 JURY INSTRUCTIONS Case 1:17-cv-00844-WYD-SKC Document 150 Filed 02/19/19 USDC Colorado Page 1 of 32 Civil Action No. 17-cv-00844-WYD-SKC BRANDON FRESQUEZ, v. Plaintiff, BNSF RAILWAY CO., Defendant. IN THE UNITED STATES

More information

2:16-cv EIL # 106 Page 1 of 20

2:16-cv EIL # 106 Page 1 of 20 2:16-cv-02222-EIL # 106 Page 1 of 20 E-FILED Friday, 18 May, 2018 03:51:00 PM Clerk, U.S. District Court, ILCD Members of the jury, you have seen and heard all the evidence and will hear the arguments

More information

Second, you must not be influenced by sympathy, passion or prejudice in favor of any party or against any of the parties.

Second, you must not be influenced by sympathy, passion or prejudice in favor of any party or against any of the parties. CLOSING INSTRUCTIONS Members of the jury, we now come to that part of the case where I must give you the instructions on the law. If you cannot hear me, please raise your hand. It is important that you

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION GOVERNMENT'S PROPOSED JURY INSTRUCTIONS

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION GOVERNMENT'S PROPOSED JURY INSTRUCTIONS IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Case No. 12-00075-01-CR-W-DW MARCUS D. GAMMAGE, Defendant. GOVERNMENT'S

More information

JUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS

JUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS JUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS Stock Opening Instructions Introduction and General Instructions... 1 Summary of the Case... 2 Role of Judge, Jury and Lawyers...

More information

PRETRIAL INSTRUCTIONS. CACI No. 100

PRETRIAL INSTRUCTIONS. CACI No. 100 PRETRIAL INSTRUCTIONS CACI No. 100 You have now been sworn as jurors in this case. I want to impress on you the seriousness and importance of serving on a jury. Trial by jury is a fundamental right in

More information

Case 5:14-cr M Document 27 Filed 05/04/15 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 5:14-cr M Document 27 Filed 05/04/15 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Case 5:14-cr-00318-M Document 27 Filed 05/04/15 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) -vs- ) No. 5:14-cr-00318

More information

GENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to

GENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to GENERAL CLOSING INSTRUCTIONS Members of the jury, it is now time for me to tell you the law that applies to this case. As I mentioned at the beginning of the trial, you must follow the law as I state it

More information

United States District Court

United States District Court Case:0-cv-0-WHA Document Filed0// Page of 0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 No. C 0-0 WHA ORACLE AMERICA, INC., Plaintiff, v. GOOGLE INC., Defendant. / FINAL

More information

Case 3:16-md VC Document 2940 Filed 03/07/19 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 3:16-md VC Document 2940 Filed 03/07/19 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case 3:16-md-02741-VC Document 2940 Filed 03/07/19 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE: ROUNDUP PRODUCTS LIABILITY LITGATION This document relates to: Hardeman

More information

* * * * * * * * Members of the Jury Panel [or Ladies and Gentlemen of the Jury Panel]:

* * * * * * * * Members of the Jury Panel [or Ladies and Gentlemen of the Jury Panel]: Misc. Docket No. 11-9047 AMENDMENTS TO TEXAS RULES OF CIVIL PROCEDURE 281 AND 284 AND TO THE JURY INSTRUCTIONS UNDER TEXAS RULE OF CIVIL PROCEDURE 226A ORDERED that: 1. Pursuant to Section 22.004 of the

More information

JURY INSTRUCTIONS BEFORE VOIR DIRE EXAMINATION-CRIMINAL

JURY INSTRUCTIONS BEFORE VOIR DIRE EXAMINATION-CRIMINAL JURY INSTRUCTIONS BEFORE VOIR DIRE EXAMINATION-CRIMINAL Ladies and Gentlemen of the Jury Panel: I. Thank you for being here. We are here to select a jury. Six of you will be chosen for the jury. Even if

More information

STIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No State of New Maine

STIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No State of New Maine STIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No. 09-3031 State of New Maine Instruction Number Instruction Description 1. Preliminary Instructions 2. Functions of

More information

INSTRUCTIONS AFTER JURY IS SWORN

INSTRUCTIONS AFTER JURY IS SWORN Revised 10/15/12 INSTRUCTIONS AFTER JURY IS SWORN Ladies and Gentlemen of the jury, you have been selected as the jury in this case. As you know this is a criminal case, and to assist you in better understanding

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, Defendant.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION TRADEMARK PROPERTIES, INC., a South Carolina corporation; RICHARD C. DAVIS, an individual, vs. A&E TELEVISION

More information

THE ANSWER BOOK FOR JURY SERVICE

THE ANSWER BOOK FOR JURY SERVICE THE ANSWER BOOK FOR JURY SERVICE Message from the Chief Justice You have been requested to serve on a jury. Service on a jury is one of the most important responsibilities that you will exercise as a citizen

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiff, Civ. No (RHK/JJK) v. JURY INSTRUCTIONS

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiff, Civ. No (RHK/JJK) v. JURY INSTRUCTIONS CASE 0:12-cv-00472-RHK-JJK Document 362 Filed 07/22/14 Page 1 of 22 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jesse Ventura a/k/a James G. Janos, Plaintiff, Civ. No. 12-472 (RHK/JJK) v. JURY INSTRUCTIONS

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION. v. CASE NO. 6:18-cr-43-Orl-37DCI JOINTLY PROPOSED JURY INSTRUCTIONS

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION. v. CASE NO. 6:18-cr-43-Orl-37DCI JOINTLY PROPOSED JURY INSTRUCTIONS Case 6:18-cr-00043-RBD-DCI Document 51 Filed 08/13/18 Page 1 of 34 PageID 307 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA v. CASE NO. 6:18-cr-43-Orl-37DCI

More information

Plaintiff 's Proposed Jury Instructions

Plaintiff 's Proposed Jury Instructions Cleveland State University EngagedScholarship@CSU 19952002 Court Filings 2000 Trial 142000 Plaintiff 's Proposed Jury Instructions Terry H. Gilbert Attorney for Sheppard Estate George H. Carr Attorney

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION UNITED STATES OF AMERICA, Plaintiff, v. No. 09-00121-01-CR-SJ-DGK GILBERTO LARA-RUIZ, a/k/a HILL Defendant.

More information

Function of the Jury Burden of Proof and Greater Weight of the Evidence Credibility of Witness Weight of the Evidence

Function of the Jury Burden of Proof and Greater Weight of the Evidence Credibility of Witness Weight of the Evidence 101.05 Function of the Jury Members of the jury, all the evidence has been presented. It is now your duty to decide the facts from the evidence. You must then apply to those facts the law which I am about

More information

SCMF IN THE SUPREME COURT OF THE STATE OF HAWAI'I

SCMF IN THE SUPREME COURT OF THE STATE OF HAWAI'I Electronically Filed Supreme Court SCMF-11-0000315 03-JAN-2013 10:22 AM SCMF-11-0000315 IN THE SUPREME COURT OF THE STATE OF HAWAI'I In the Matter of the Publication and Distribution of the Hawai'i Pattern

More information

SUPERIOR COURT OF NEW JERSEY HUDSON COUNTY, LAW DIVISION. Michael Ferguson, Benjamin Unger, Chaim Levin, Jo Bruck, Bella Levin, Docket No.

SUPERIOR COURT OF NEW JERSEY HUDSON COUNTY, LAW DIVISION. Michael Ferguson, Benjamin Unger, Chaim Levin, Jo Bruck, Bella Levin, Docket No. Michael Ferguson, Benjamin Unger, Chaim Levin, Jo Bruck, Bella Levin, Plaintiffs, v. JONAH (Jews Offering New Alternatives for Healing f/k/a Jews Offering New Alternatives to Homosexuality), Arthur Goldberg,

More information

MODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. MOTOR VEHICLE VOLUME REPLACEMENT JUNE

MODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. MOTOR VEHICLE VOLUME REPLACEMENT JUNE Page 1 of 25 100.00 MODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. NOTE WELL: This is a sample only. Your case must be tailored to fit your facts and the law. Do not blindly follow this pattern.

More information

LEGAL GLOSSARY Additur Adjudication Admissible evidence Advisement Affiant - Affidavit - Affirmative defense - Answers to Interrogatories - Appeal -

LEGAL GLOSSARY Additur Adjudication Admissible evidence Advisement Affiant - Affidavit - Affirmative defense - Answers to Interrogatories - Appeal - Additur - An increase by a judge in the amount of damages awarded by a jury. Adjudication - Giving or pronouncing a judgment or decree; also, the judgment given. Admissible evidence - Evidence that can

More information

Rhode Island False Claims Act

Rhode Island False Claims Act Rhode Island False Claims Act 9-1.1-1. Name of act. [Effective until February 15, 2008.] This chapter may be cited as the State False Claims Act. 9-1.1-2. Definitions. [Effective until February 15, 2008.]

More information

[The following paragraph should be given when the court gives the final instructions after the closing arguments:

[The following paragraph should be given when the court gives the final instructions after the closing arguments: defendant is charged, it is your duty to find him/her guilty of that offense. On the other hand, if you find that the government has failed to prove any element of the offense beyond a reasonable doubt,

More information

Case 0:13-cr KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:13-cr KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:13-cr-60245-KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 13-60245-CR-MARRA(s) v. Plaintiff,

More information

CAUSE NO CHARGE OF THE COURT

CAUSE NO CHARGE OF THE COURT P-22 CAUSE NO. 2011-36476 MARYELLEN WOLF AND DAVID WOLF IN THE DISTRICT FolR~E D Chris Daniel District Clerk v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, TOM CROFT, NEW CENTURY

More information

Case 1:08-cv LPS Document 601 Filed 07/26/10 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 1:08-cv LPS Document 601 Filed 07/26/10 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Case 1:08-cv-00862-LPS Document 601 Filed 07/26/10 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LEADER TECHNOLOGIES, INC., a Delaware corporation, Plaintiff-Counterdefendant,

More information

CIRCUIT AND CHANCERY COURTS:

CIRCUIT AND CHANCERY COURTS: . CIRCUIT AND CHANCERY COURTS: Advice for Persons Who Want to Represent Themselves Read this booklet before completing any forms! Table of Contents INTRODUCTION... 1 THE PURPOSE OF THIS BOOKLET... 1 SHOULD

More information

V.-E. DEPOSITION INSTRUCTIONS

V.-E. DEPOSITION INSTRUCTIONS V.-E. DEPOSITION INSTRUCTIONS (Note: Some of the advice provided below is applicable primarily in personal injury cases. Practitioners will wish to tailor these instructions to suit particular cases.)

More information

Instruction, Note (Civ) RULES GOVERNING JUROR CONDUCT DURING TRIAL

Instruction, Note (Civ) RULES GOVERNING JUROR CONDUCT DURING TRIAL 1.180 * 53 Instruction, Note 1.180 (Civ) RULES GOVERNING JUROR CONDUCT DURING TRIAL This case is very important to all the parties. The parties are entitled to your full attention throughout the trial

More information

Zoullas v Zoullas 2017 NY Slip Op 31574(U) July 25, 2017 Supreme Court, New York County Docket Number: /2013 Judge: Barry Ostrager Cases posted

Zoullas v Zoullas 2017 NY Slip Op 31574(U) July 25, 2017 Supreme Court, New York County Docket Number: /2013 Judge: Barry Ostrager Cases posted Zoullas v Zoullas 2017 NY Slip Op 31574(U) July 25, 2017 Supreme Court, New York County Docket Number: 155490/2013 Judge: Barry Ostrager Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U),

More information

The Legal Process: The Adversary System and Dispute Resolution

The Legal Process: The Adversary System and Dispute Resolution The Legal Process: The Adversary System and Dispute Resolution The adversary system of trial, sometimes called the sporting approach to the truth, recalls our commitment to democracy as the least corruptible

More information

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. UNITED STATES OF AMERICA : Criminal No

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. UNITED STATES OF AMERICA : Criminal No UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA : Criminal No. 11-470 v. : Hon. Susan D. Wigenton : United States District Judge ANDREW AUERNHEIMER : a/k/a Weev, a/k/a Weevlos

More information

Robert I, Duke of Normandy. 22 June July 1035

Robert I, Duke of Normandy. 22 June July 1035 Robert I, Duke of Normandy 22 June 1000 1 3 July 1035 Speak French here! TORQUE WRENCHES TORTURE And yay how he strucketh me upon the bodkin with great force Ye Olde Medieval Courte Speaketh French,

More information

Supreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018

Supreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018 Supreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018 Justice: Law Secretary: Secretary: Part Clerk: Hon. Sharon M.J. Gianelli, J.S.C. Karen L.

More information

Chicago False Claims Act

Chicago False Claims Act Chicago False Claims Act Chapter 1-21 False Statements 1-21-010 False Statements. Any person who knowingly makes a false statement of material fact to the city in violation of any statute, ordinance or

More information

MINNESOTA JUDICIAL TRAINING UPDATE

MINNESOTA JUDICIAL TRAINING UPDATE MINNESOTA JUDICIAL TRAINING UPDATE CAUTIONARY JURY INSTRUCTIONS DURING TRIAL Problem: You re In The Middle Of Trial And Something Occurs (Usually An Evidentiary Issue) That Requires A Cautionary Instruction

More information

JURY INSTRUCTION NO. 1. Members of the jury, the instructions I gave at the. instructions I gave you earlier, as well as those I give

JURY INSTRUCTION NO. 1. Members of the jury, the instructions I gave at the. instructions I gave you earlier, as well as those I give Case 0:06-cv-01497-MJD-RLE Document 97 Filed 10/04/2007 Page 1 of 30 JURY INSTRUCTION NO. 1 Members of the jury, the instructions I gave at the beginning of the trial and during the trial remain in effect.

More information

THE FEDERAL FALSE CLAIMS ACT 31 U.S.C

THE FEDERAL FALSE CLAIMS ACT 31 U.S.C THE FEDERAL FALSE CLAIMS ACT 31 U.S.C. 3729-3733 Reflecting proposed amendments in S. 386, the Fraud Enforcement and Recovery Act of 2009, as passed by the U.S. House of Representatives on May 6, 2009

More information

Insight from Carlton Fields Jorden Burt

Insight from Carlton Fields Jorden Burt Insight from Carlton Fields Jorden Burt 2014 Quick Trial Checklist 1. Motions To Be Made or Renewed Just Prior to Trial a. Motions to amend or supplement pleadings or pretrial statement or order b. Motions

More information

Schoolcraft v. The City Of New York et al Doc. 553

Schoolcraft v. The City Of New York et al Doc. 553 Schoolcraft v. The City Of New York et al Doc. 553 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------------X ADRIAN SCHOOLCRAFT,

More information

CAUSE NO IN THE INTEREST OF IN THE DISTRICT COURT OF CHILDS NAME CHILDREN COUNTY, TEXAS A CHILD 15TH JUDICIAL DISTRICT CHARGE OF THE COURT

CAUSE NO IN THE INTEREST OF IN THE DISTRICT COURT OF CHILDS NAME CHILDREN COUNTY, TEXAS A CHILD 15TH JUDICIAL DISTRICT CHARGE OF THE COURT CAUSE NO. 06-1034-15 IN THE INTEREST OF IN THE DISTRICT COURT OF CHILDS NAME CHILDREN COUNTY, TEXAS A CHILD 15TH JUDICIAL DISTRICT MEMBERS OF THE JURY: CHARGE OF THE COURT This case is submitted to you

More information

Court Records Glossary

Court Records Glossary Court Records Glossary Documents Affidavit Answer Appeal Brief Case File Complaint Deposition Docket Indictment Interrogatories Injunction Judgment Opinion Pleadings Praecipe A written or printed statement

More information

Insight from Carlton Fields

Insight from Carlton Fields Insight from Carlton Fields Quick Trial Checklist 1. Motions To Be Made or Renewed Just Prior to Trial a. Motions to amend or supplement pleadings or pretrial statement or order b. Motions for continuance

More information

The Civil Action Part 1 of a 4 part series

The Civil Action Part 1 of a 4 part series The Civil Action Part 1 of a 4 part series The American civil judicial system is slow, and imperfect, but many times a victim s only recourse in attempting to me made whole after suffering an injury. This

More information

DRAFT REVISED NORTHERN CHEYENNE LAW & ORDER CODE TITLE 6 RULES OF EVIDENCE CODE. Title 6 Page 1

DRAFT REVISED NORTHERN CHEYENNE LAW & ORDER CODE TITLE 6 RULES OF EVIDENCE CODE. Title 6 Page 1 DRAFT REVISED NORTHERN CHEYENNE LAW & ORDER CODE TITLE 6 RULES OF EVIDENCE CODE Title 6 Page 1 TITLE 6 RULES OF EVIDENCE TABLE OF CONTENTS Chapter 1 GENERAL 6-1-1 Scope, Purpose and Construction 6-1-2

More information

Termination of Guardianship Minor. Forms and Procedures. For Wyoming MOVANT

Termination of Guardianship Minor. Forms and Procedures. For Wyoming MOVANT Packet 16 Termination of Guardianship Minor Forms and Procedures For Wyoming MOVANT Published by Wyoming Supreme Court 2301 Capitol Avenue Supreme Court Building Cheyenne, WY 82002 Termination of Guardianship

More information

No th JUDICIAL DISTRICT COURT'S CHARGE

No th JUDICIAL DISTRICT COURT'S CHARGE THE LAW OFFICES OF G. DAVID WESTFALL, P.e. v. UDO BIRNBAUM I ~;. original I certify this to be a true and exact copy of the on file in the No. 00-00619 ' ~i~.'..~ District Clerk's Office, -of lobi c:j

More information

The Criminal Court System. Law 521 Chapter Seven

The Criminal Court System. Law 521 Chapter Seven The Criminal Court System Law 521 Chapter Seven The Feds make criminal law and procedure. Criminal Court Structure Provinces responsible for organizing, administering, and maintaining the criminal court

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MALIKA ROBINSON, Plaintiff-Appellant, UNPUBLISHED September 2, 2014 v No. 315234 Wayne Circuit Court ALLSTATE PROPERTY AND CASUALTY LC No. 11-000086-CK INSURANCE COMPANY,

More information

Chapter 3 The Court System and Chapter 4 The Litigation Process

Chapter 3 The Court System and Chapter 4 The Litigation Process Chapter 3 The Court System and Chapter 4 The Litigation Process Ultimately, we are all affected by what the courts say and do. This is particularly true in the business world. Nearly every business person

More information

O.C.G.A. TITLE 23 Chapter 3 Article 6. GEORGIA CODE Copyright 2015 by The State of Georgia All rights reserved.

O.C.G.A. TITLE 23 Chapter 3 Article 6. GEORGIA CODE Copyright 2015 by The State of Georgia All rights reserved. O.C.G.A. TITLE 23 Chapter 3 Article 6 GEORGIA CODE Copyright 2015 by The State of Georgia All rights reserved. *** Current Through the 2015 Regular Session *** TITLE 23. EQUITY CHAPTER 3. EQUITABLE REMEDIES

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT Indiana False Claims and Whistleblower Protection Act, codified at 5-11-5.5 et seq (as amended through P.L. 109-2014) Indiana Medicaid False Claims and Whistleblower Protection Act, codified at 5-11-5.7

More information

Case4:07-cv PJH Document1171 Filed05/29/12 Page1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case4:07-cv PJH Document1171 Filed05/29/12 Page1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case:0-cv-0-PJH Document Filed0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 0 ORACLE INTERNATIONAL CORPORATION, Plaintiff, No. C 0- PJH v. FINAL PRETRIAL ORDER SAP AG, et al.,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION Case 3:10-cv-00252 Document 1 Filed in TXSD on 06/29/10 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION HUNG MICHAEL NGUYEN NO. an individual; On

More information

TIPS ON OFFERING EVIDENCE RELEVANCE

TIPS ON OFFERING EVIDENCE RELEVANCE TIPS ON OFFERING EVIDENCE by Curtis E. Shirley RELEVANCE Indiana Evidence Rule 401: Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the

More information

DEPOSITIONS UPON ORAL EXAMINATION. Notice; Method of Taking; Production at Deposition.

DEPOSITIONS UPON ORAL EXAMINATION. Notice; Method of Taking; Production at Deposition. RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION (a) (b) Notice; Method of Taking; Production at Deposition. (1)-(6) (7) If not otherwise agreed by the parties, Oon motion the court may order that the testimony

More information

TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013]

TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013] TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013] RULE 500. GENERAL RULES RULE 500.1. CONSTRUCTION OF RULES Unless otherwise

More information

Mock Trial Practice Law Test

Mock Trial Practice Law Test Mock Trial Practice Law Test NOTE: The practice law test is provided as an example and will not be updated each year. Below are sample questions that are similar to those that students may see on the real

More information

Case5:11-cv LHK Document1901 Filed08/21/12 Page1 of 109

Case5:11-cv LHK Document1901 Filed08/21/12 Page1 of 109 Case:-cv-0-LHK Document0 Filed0// Page of 0 0 APPLE, INC., a California corporation, v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Plaintiff and Counterdefendant, SAMSUNG ELECTRONICS

More information

EDUCATIONAL OBJECTIVES

EDUCATIONAL OBJECTIVES CHAPTER 1 7 MOTIONS EDUCATIONAL OBJECTIVES Paralegals should be able to draft routine motions. They should be able to collect, prepare, and organize supporting documents, such as affidavits. They may be

More information

Case 3:10-cv GPC-WVG Document 544 Filed 10/28/16 Page 1 of 148

Case 3:10-cv GPC-WVG Document 544 Filed 10/28/16 Page 1 of 148 Case :0-cv-000-GPC-WVG Document Filed 0// Page of 0 0 ROBBINS GELLER RUDMAN & DOWD LLP PATRICK J. COUGHLIN (00) patc@rgrdlaw.com X. JAY ALVAREZ () jaya@rgrdlaw.com JASON A. FORGE () jforge@rgrdlaw.com

More information

JUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS

JUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS JUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS As a Juror, there are certain responsibilities you will be asked to fulfill. A Juror must be prompt. A trial cannot begin or continue

More information

Colorado Medicaid False Claims Act

Colorado Medicaid False Claims Act Colorado Medicaid False Claims Act (C.R.S. 25.5-4-303.5 to 310) i 25.5-4-303.5. Short title This section and sections 25.5-4-304 to 25.5-4-310 shall be known and may be cited as the "Colorado Medicaid

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed May 12, Appeal from the Iowa District Court for Iowa County, Amanda Potterfield,

IN THE COURT OF APPEALS OF IOWA. No / Filed May 12, Appeal from the Iowa District Court for Iowa County, Amanda Potterfield, IN THE COURT OF APPEALS OF IOWA RABE HARDWARE, INC., Plaintiff-Appellee, No. 8-339 / 07-1581 Filed May 12, 2010 vs. B. ELISABETH JAYAPATHY, Defendant-Appellant. Judge. Appeal from the Iowa District Court

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 36

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 36 APPEARANCES: For Plaintiff(s): Michael O. Azat, Esq.; Issa Y. Azat, Jr., Esq. For Defendant(s): Stanley H. Kimmel, Esq. NATURE OF PROCEEDINGS: Jury Trial COURT TRIAL IN PROGRESS Trial resumes from 12/14/18

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Plaintiff, Civil Action File No.: v. Defendant. CONSENT PROTECTIVE ORDER By stipulation and agreement of the parties,

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC17-451 IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES REPORT 17-01. PER CURIAM. [November 16, 2017] The Supreme Court Committee on Standard Jury Instructions in Civil Cases

More information

Canadian Judicial Council Final Instructions. (Revised June 2012)

Canadian Judicial Council Final Instructions. (Revised June 2012) Canadian Judicial Council Final Instructions (Revised June 2012) Table of Contents Table of Contents...2 Glossary...4 III - FINAL INSTRUCTIONS...5 8. Duties of Jurors...5 8.1 Introduction... 5 8.2 Respective

More information

TENNESSEE HEALTH CARE & MEDICAID FALSE CLAIMS ACTS

TENNESSEE HEALTH CARE & MEDICAID FALSE CLAIMS ACTS . TENNESSEE HEALTH CARE & MEDICAID FALSE CLAIMS ACTS Tennessee Health Care False Claims Act And Tennessee Medicaid False Claims Act 56-26-401 Short title. The title of this part is, and it may be cited

More information

District of Columbia False Claims Act

District of Columbia False Claims Act District of Columbia False Claims Act 2-308.03. Claims by District government against contractor (a) (1) All claims by the District government against a contractor arising under or relating to a contract

More information

Understanding Legal Terminology in NFA Arbitration Cases

Understanding Legal Terminology in NFA Arbitration Cases Understanding Legal Terminology in NFA Arbitration Cases November 2003 TABLE OF CONTENTS Introduction...1 Authority to Sue...3 Standing...3 Assignment...3 Power of Attorney...3 Multiple Parties or Claims...4

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) 1 1 SUZELLE M. SMITH (SBN ) ssmith@howarth-smith.com DON HOWARTH (SBN ) dhowarth@howarth-smith.com PADRAIC J. GLASPY (SBN ) pglaspy@howarth-smith.com TOMAS S. GLASPY (SBN 0) tglaspy@howarth-smith.com ZOE

More information

Admissibility of Electronic Evidence

Admissibility of Electronic Evidence Admissibility of Electronic Evidence PAUL W. GRIMM AND KEVIN F. BRADY 2018 Potential Authentication Methods Email, Text Messages, and Instant Messages Trade inscriptions (902(7)) Certified copies of business

More information

PART RULES HONORABLE MARIA G. ROSA New York State Supreme Court Dutchess County Supreme Court 10 Market Street Poughkeepsie, New York 12601

PART RULES HONORABLE MARIA G. ROSA New York State Supreme Court Dutchess County Supreme Court 10 Market Street Poughkeepsie, New York 12601 PART RULES HONORABLE MARIA G. ROSA New York State Supreme Court Dutchess County Supreme Court 10 Market Street Poughkeepsie, New York 12601 Phone: 845-431-1752 Fax: 845-486-2227 (1-3-2013 and effective

More information

OKLAHOMA. Comparison of Oklahoma Revised Code of Judicial Conduct to ABA Model Code of Judicial Conduct (2007) Effective April 15, 2011

OKLAHOMA. Comparison of Oklahoma Revised Code of Judicial Conduct to ABA Model Code of Judicial Conduct (2007) Effective April 15, 2011 OKLAHOMA Comparison of Oklahoma Revised Code of Judicial Conduct to ABA Model Code of Judicial Conduct (2007) Effective April 15, 2011 Preamble Scope Terminology [3] Replaces Model Code with Oklahoma Code

More information

Case 2:10-cr MHT -WC Document 1204 Filed 05/27/11 Page 1 of 84

Case 2:10-cr MHT -WC Document 1204 Filed 05/27/11 Page 1 of 84 Case 2:10-cr-00186-MHT -WC Document 1204 Filed 05/27/11 Page 1 of 84 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION UNITED STATES OF AMERICA ) ) VS. ) CASE NO.

More information

FILED: NEW YORK COUNTY CLERK 09/15/ :27 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 09/15/2016 EXHIBIT E

FILED: NEW YORK COUNTY CLERK 09/15/ :27 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 09/15/2016 EXHIBIT E FILED: NEW YORK COUNTY CLERK 09/15/2016 12:27 PM INDEX NO. 653223/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 09/15/2016 EXHIBIT E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------

More information

CHAPTER 1 GENERAL INSTRUCTIONS PRIOR TO OR DURING TRIAL AND UPON DISCHARGE OF JURY

CHAPTER 1 GENERAL INSTRUCTIONS PRIOR TO OR DURING TRIAL AND UPON DISCHARGE OF JURY CHAPTER 1 GENERAL INSTRUCTIONS PRIOR TO OR DURING TRIAL AND UPON DISCHARGE OF JURY A. JURY ORIENTATION 1:1 Introductory Remarks to Jury Panel 1:2 Explanation to Jury Panel of Voir Dire 1:3 Remarks to Jury

More information

CHAPTER 36. MEDICAID FRAUD PREVENTION SUBCHAPTER A. GENERAL PROVISIONS

CHAPTER 36. MEDICAID FRAUD PREVENTION SUBCHAPTER A. GENERAL PROVISIONS TEXAS HUMAN RESOURCES CODE CHAPTER 36. MEDICAID FRAUD PREVENTION SUBCHAPTER A. GENERAL PROVISIONS 36.001. Definitions In this chapter: (1) "Claim" means a written or electronically submitted request or

More information

Small Claims Manual (2012) Noble Superior Court, Division N. Orange Street Albion, Indiana (260)

Small Claims Manual (2012) Noble Superior Court, Division N. Orange Street Albion, Indiana (260) Small Claims Manual (2012) Noble Superior Court, Division 2 101 N. Orange Street Albion, Indiana 46701 (260) 636-2129 1 TABLE OF CONTENTS Application of Manual... 3 Important Information About Suing in

More information

A JUDGE S PERSPECTIVE ON EVIDENCE. (Basic Tools of Your New Trade) W. David Lee. Senior Resident Superior Court Judge.

A JUDGE S PERSPECTIVE ON EVIDENCE. (Basic Tools of Your New Trade) W. David Lee. Senior Resident Superior Court Judge. A JUDGE S PERSPECTIVE ON EVIDENCE (Basic Tools of Your New Trade) W. David Lee Senior Resident Superior Court Judge District 20B School for New Superior Court Judges January, 2009 The Exercise of Judicial

More information

MONTANA UNIFORM DISTRICT COURT RULES

MONTANA UNIFORM DISTRICT COURT RULES MONTANA UNIFORM DISTRICT COURT RULES Rule 1 Form of Papers Presented for Filing. (a) Papers Defined. The word papers as used in this Rule includes all documents and copies except exhibits and records on

More information

Interrogatories Are Written Questions For Which Written Answers Are Prepared And Signed Under Oath

Interrogatories Are Written Questions For Which Written Answers Are Prepared And Signed Under Oath Interrogatories Are Written Questions For Which Written Answers Are Prepared And Signed Under Oath Opposing parties use various methods, such as interrogatories and for which written answers are prepared

More information

Pages , Looking Back

Pages , Looking Back Pages 280 281, Looking Back 1. Choose the appropriate term from the vocabulary list above to complete the following statements: a) A(n) peremptory challenge is the exclusion of a prospective juror from

More information

Unless otherwise expressly provided, in Part V of these Rules of Civil Procedure:

Unless otherwise expressly provided, in Part V of these Rules of Civil Procedure: 'TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013) RULE 500.1. CONSTRUCTION OF RULES RULE 500. GENERAL RULES Unless otherwise

More information

The SPOLIATION OF EVIDENCE is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant

The SPOLIATION OF EVIDENCE is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant What is it? The SPOLIATION OF EVIDENCE is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. When Spoliation has

More information

LET S GO TO THE VIDEOTAPE! Using Video Depositions at Trial By Andria Simone Kelly, Esq.

LET S GO TO THE VIDEOTAPE! Using Video Depositions at Trial By Andria Simone Kelly, Esq. LET S GO TO THE VIDEOTAPE! Using Video Depositions at Trial By Andria Simone Kelly, Esq. The Power of Visual Presentations A videotaped deposition that is thoroughly, properly and effectively conducted

More information

False Claims Act Text

False Claims Act Text False Claims Act Text TITLE 31 MONEY AND FINANCE SUBTITLE III FINANCIAL MANAGEMENT CHAPTER 37 CLAIMS SUBCHAPTER III CLAIMS AGAINST THE UNITED STATES GOVERNMENT Sec. 3729. False claims (a) LIABILITY FOR

More information

WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT. This chapter may be known and cited as the medicaid fraud false claims act.

WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT. This chapter may be known and cited as the medicaid fraud false claims act. Added by Chapter 241, Laws 2012. Effective date June 7, 2012. RCW 74.66.005 Short title. WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT This chapter may be known and cited as the medicaid fraud false

More information

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER n: DISPUTE RESOLUTION

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER n: DISPUTE RESOLUTION ISBE 23 ILLINOIS ADMINISTRATIVE CODE 475 TITLE 23: EDUCATION AND CULTURAL RESOURCES : EDUCATION CHAPTER I: STATE BOARD OF EDUCATION : DISPUTE RESOLUTION PART 475 CONTESTED CASES AND OTHER FORMAL HEARINGS

More information

EVIDENCE, FOUNDATIONS AND OBJECTIONS. Laurie Vahey, Esq.

EVIDENCE, FOUNDATIONS AND OBJECTIONS. Laurie Vahey, Esq. EVIDENCE, FOUNDATIONS AND OBJECTIONS Laurie Vahey, Esq. KINDS OF EVIDENCE Testimonial Including depositions Make sure you comply with CPLR requirements Experts Real Documentary Demonstrative Visual aid

More information

HANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS

HANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS HANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS Prepared for the use of trial jurors serving in the United States district courts under the supervision of the Judicial Conference

More information

Case 1:15-cr RMB Document 324 Filed 10/30/17 Page 1 of 171

Case 1:15-cr RMB Document 324 Filed 10/30/17 Page 1 of 171 Case 1:15-cr-00867-RMB Document 324 Filed 10/30/17 Page 1 of 171 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x : UNITED

More information

9. COMPETENCY AND PERSONAL KNOWLEDGE A. INTRODUCTION

9. COMPETENCY AND PERSONAL KNOWLEDGE A. INTRODUCTION 9. COMPETENCY AND PERSONAL KNOWLEDGE A. INTRODUCTION The term "competency" refers to the minimal qualifications someone must have to be a witness. In order to be a witness, a person other than an expert

More information