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Simple English definitions for legal terms

argumentative instruction

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A quick definition of argumentative instruction:

An argumentative instruction is a direction given by a judge to a jury during a trial. It is called argumentative because it assumes facts that are not in evidence, emphasizes a particular issue or defense, or invades the jury's role in deciding the weight, probative value, or sufficiency of the evidence. This type of instruction is not allowed because it can unfairly influence the jury's decision. Other types of instructions include mandatory instructions, which require the jury to find for one party based on a set of facts, and cautionary instructions, which tell the jury to disregard certain evidence or not be influenced by outside factors. Model jury instructions are also used as a guide for judges to give instructions to the jury.

A more thorough explanation:

An argumentative instruction is a type of jury instruction that assumes facts not in evidence, emphasizes a particular issue or defense, or invades the jury's role in evaluating the evidence. It is not allowed in court because it can unfairly influence the jury's decision.

For example, if a judge gives an instruction that says "you must find the defendant guilty because he looks like a criminal," this would be an argumentative instruction because it assumes a fact not in evidence (that the defendant looks like a criminal) and unduly emphasizes a particular issue (the defendant's appearance) instead of evaluating the evidence presented in court.

Another example of an argumentative instruction is if a judge tells the jury that they must find the defendant guilty because the victim was a sympathetic person. This would be an argumentative instruction because it invades the jury's role in evaluating the weight and sufficiency of the evidence presented in court.

argentum Dei | argumentative pleading

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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