JUDGE PHILIP G. REINHARD
U.S. DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
Members of the jury, the evidence and arguments in this case have been completed, and I will instruct you as to the law applicable to this case. It is your duty to follow all of the instructions.
You must not question any rule of law stated by me in these instructions. Regardless of any opinion you may have as to what the law ought to be, you must base your verdict upon the law given by me.
It is your duty to determine the facts from the evidence in this case. You are to apply the law given to you in these instructions to the facts and in this way decide the case.
This case should be considered and decided by you as an action between persons of equal standing in the community. All persons stand equal before the law and are to be dealt with as equals in a court of justice.
Court's Instruction No. 1
Neither by these instructions, nor by any ruling or remark which I have made, do I mean to indicate any opinion as to the facts or as to what your verdict should be. You are the sole and exclusive judges of the facts.
Court's Instruction No. 2
Opening statements of counsel are for the purpose of acquainting you in advance with the facts counsel expect the evidence to show. Closing arguments of counsel are for the purpose of discussing the evidence.
Opening statements, closing arguments, and other statements of counsel should be disregarded to the extent they are not supported by the evidence.
During the course of trial, it often becomes the duty of counsel to make objections and for the Court to rule on them in accordance with the law. The fact that counsel made objections should not influence you in any way.
Court's Instruction No. 3
In this case, the defendant is a corporation. The mere fact that one of the parties is a corporation does not mean it is entitled to any lesser consideration by you. All litigants are equal before the law, and corporations, big or small, are entitled to the same fair consideration as you would give any other individual party.
Court's Instruction No. 4
The evidence consists of the sworn testimony of the witnesses, the exhibits received in evidence, and stipulations.
A stipulation is an agreed statement of facts between the parties, and you should regard agreed statements as true.
You are to consider only the evidence received in this case. You should consider this evidence in the light of your own observations and experiences in life. You may draw such reasonable inferences as you believe to be justified from proved facts.
You are to disregard any evidence to which I sustained an objection or which I ordered stricken. Anything you may have seen or heard about this case outside the courtroom is not evidence and must be entirely disregarded. You should not be influenced by sympathy, prejudice, fear or public opinion.
Court's Instruction No. 5
The evidence consists of the sworn testimony of the witnesses, the exhibits received in evidence, and stipulations.
You are to consider only the evidence received in this case. You should consider this evidence in the light of your own observations and experiences in life. You may draw such reasonable inferences as you believe to be justified from proved facts.
You are to disregard any evidence to which I sustained an objection or which I ordered stricken. Anything you may have seen or heard about this case outside the courtroom is not evidence and must be entirely disregarded. You should not be influenced by sympathy, prejudice, fear or public opinion.
Court's Instruction No. 6
There are two types of evidence: direct and circumstantial. Direct evidence is the testimony of a person who claims to have personal knowledge of the disputed facts, such as an eyewitness. Circumstantial evidence consists of proof of facts and circumstances which give rise to a reasonable inference of the truth of the facts sought to be proved. The law makes no distinction between the weight to be given either direct or circumstantial evidence. Therefore, all of the evidence in the case, including the circumstantial evidence, should be considered by you in arriving at your verdict.
Court's Instruction No. 7
You are the sole judges of the credibility of the witnesses, and of the weight to be given to each of them. You are to consider all the evidence in the case in determining the credibility of witnesses. In considering the testimony of any witness, you may take into account the witness's intelligence, ability and opportunity to observe, age, memory, manner while testifying, any interests, bias, or prejudice the witness may have, and the reasonableness of the testimony considered in the light of all the evidence in the case.
Court's Instruction No. 8
In deciding whether any fact has been proved, it is proper to consider the number of witnesses testifying on one side or the other as to that fact, but the number of witnesses alone is not conclusive if the testimony of the lesser number is more convincing.
Court's Instruction No. 9
It is proper for an attorney to interview any witness in preparation for trial.
Court's Instruction No. 10
The credibility of a witness may be attacked by introducing the evidence that on some former occasion the witness made a statement inconsistent with the testimony of the witness in this case on a matter material to the issues. Evidence of this kind may be considered by you in connection with all the other facts and circumstances in evidence in deciding the weight to be given to the testimony of that witness.
Court's Instruction No. 11
When I say that a party has the burden of proof on any proposition, or use the expression "if you find," or "if you decide," I mean you must be persuaded, considering all the evidence in the case, that the proposition on which the party has the burden of proof is more probably true than not true.
Court's Instruction No. 12
When I use the expression "proximate cause," I mean any cause which, in the natural or probable sequence, produced the injury complained of.
Court's Instruction No. 13
During the trial, certain testimony was presented to you by [the reading of a deposition and] [video tape]. This testimony is entitled to the same consideration you would give it had the witness[es] personally appeared in court.
Court's Instruction No. 14
You must give separate consideration to each claim and each party. In doing so, you must analyze what the evidence in the case shows with respect to each claim and party, leaving out of consideration any evidence admitted solely in regard to some other party. Each party is entitled to have the case decided on the evidence and the law applicable to that party.
Court's Instruction No. 15
There have been admitted in evidence certain schedules or summaries. They truly and accurately summarize the contents of voluminous books, records, or documents, and should be considered together with and in the same manner as all other evidence in the case.
Court's Instruction No. 16
You have heard testimony of expert witnesses. This testimony is admissible where the subject matter involved requires knowledge, special study, training, or skill not within ordinary experience and the witness is qualified to give an expert opinion.
However, the fact that an expert has given an opinion does not mean that you are obligated to accept the expert's opinion as to the facts. You should assess the weight to be given to the expert opinion in the light of all the evidence in this case.
Court's Instruction No. 17
When the word "knowingly" is used in these instructions, it means that a person realized what he or she was doing and was aware of the nature of the conduct, and did not act through ignorance, mistake or accident. Knowledge may be proved by a person's conduct, and by all the facts and circumstances surrounding the case.
Court's Instruction No. 18
Upon returning to the jury room, select one of your number as your foreperson. The foreperson will preside over your deliberations and will be your representative here in court. Forms of verdict have been prepared for you. (Forms of verdict read.)
You will take these forms to the jury room and, when you have reached unanimous agreement as to your verdict, you will have your foreperson fill in and date the form which sets forth the verdict upon which you unanimously agree, and all of you will sign that form and return your verdict to the courtroom.
Court's Instruction No. 19
I do not anticipate that you will need to communicate with me. If you do, however, the only proper way is to give the marshal a written request, signed by the foreperson, or by some other juror if the foreperson is unwilling to do so.
I will then respond as promptly as possible, either in writing or by having you return to the courtroom so that I can respond orally. I caution you, however, with regard to any message or question you might send, that you should never state or specify your numerical division at the time.
Court's Instruction No. 20
The verdicts must represent the considered judgment of each juror. Your verdicts, whether for or against the parties, must be unanimous.
You should make every reasonable effort to reach a verdict. In doing so, you should consult with one another, express your own views, and listen to the opinions of your fellow jurors. Discuss your differences with an open mind. Do not hesitate to reexamine your own views and change your opinion if you come to believe it is wrong. But you should not surrender your honest beliefs about the weight or effect of evidence solely because of the opinions of other jurors or for the purpose of returning a unanimous verdict.
The seven of you should give fair and equal consideration to all the evidence and deliberate with the goal of reaching an agreement which is consistent with the individual judgment of each juror. You are impartial judges of the facts.
Court's Instruction No. 21
In determining whether any proposition has been proved, you should consider all of the evidence bearing on the question without regard to which party produced it.
Court's Instruction No. 22
If you decide for the defendant on the question of liability, you will have no occasion to consider the question of damages.
Court's Instruction No. 23