Civil Jury Instructions

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After the litigants (the parties involved in a lawsuit) present their evidence at trial, the judge gives instructions to the jury on the law that applies to the facts of the case. The instructions include definitions of any relevant legal principles. It is the jury's role to determine what happened. For example, in a personal injury action based on an automobile accident, the plaintiff (the person suing) presents evidence that the defendant (the person being sued) crossed over the centerline and hit the plaintiff's car, injuring the plaintiff. The defendant presents evidence that the plaintiff was the driver who crossed over the centerline, causing the accident. It is up to the jury to decide how the accident happened.

Preliminary Instructions

The judge gives general preliminary instructions to all jurors, which outline the jurors' basic responsibilities. The judge warns the jurors not to form an opinion before deliberations begin. The judge also advises the jurors to avoid racial bias or prejudice, which is considered juror misconduct and could require a new trial. Jurors are told not to listen to news reports about the case or discuss the case with anyone else, including other jurors.

Specific Instructions

The judge gives the jury specific instructions based on the type of case presented at trial. Let's consider a case involving a car dealer's alleged conversion (wrongful exercise of control over another's property) of a purchaser's automobile. The car dealer repossessed the purchaser's car and sold it. The purchaser sued the dealer for conversion. There are three elements of a conversion claim:

• The plaintiff's ownership or right to possess the property
• The defendant's assumption of control or ownership over the property and
• Damages

In a jury trial, the judge would instruct the jury as to the law, the three elements of a conversion claim. The jury would decide if the evidence presented at trial proved the dealer's conversion of the purchaser's car.

Closing Instructions

Jurors are instructed to decide the facts based on the evidence admitted in the trial. They are also told not to allow bias, prejudice, sympathy, or public opinion to influence their decision. The jurors are told to follow the law exactly as the judge gives it to them, even if they disagree with the law.

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