Legal Definitions - special instruction

A special instruction refers to a specific directive or guidance that a judge provides to a jury, typically at the request of one of the parties involved in a lawsuit. Unlike standard, general instructions that cover common legal principles applicable to most trials, a special instruction is tailored to address a unique legal issue, a particular piece of evidence, or a specific argument that is central to the case. Its purpose is to ensure the jury understands and correctly applies the law to the specific, often complex, facts presented during the trial.

• Example 1: Medical Malpractice and Informed Consent

  In a medical malpractice case, a patient sues a surgeon, alleging that they were not adequately informed about a rare but significant risk associated with a surgical procedure. While standard jury instructions would cover general negligence, the patient's attorney might request a special instruction specifically detailing the legal doctrine of "informed consent." This instruction would guide the jury on what constitutes adequate disclosure of risks and alternatives in that jurisdiction and how to evaluate whether the surgeon met that specific duty given the unique facts of the patient's case.

  This illustrates a special instruction because it focuses on a particular legal duty (informed consent) that is crucial to the specific allegations, going beyond the general principles of negligence that apply broadly to many personal injury cases.

• Example 2: Criminal Defense of Necessity

  In a criminal trial for trespassing, the defendant admits to being on private property but claims they did so out of necessity to escape a dangerous wild animal. While general instructions would cover the elements of trespassing, the defense attorney would likely request a special instruction on the "necessity defense." This instruction would outline the specific legal conditions that must be met for necessity to excuse a criminal act, such as the absence of a reasonable legal alternative and the imminent threat of harm, guiding the jury on how to apply these criteria to the defendant's actions.

  This is a special instruction because it addresses a specific affirmative defense raised by the defendant, providing the jury with the precise legal framework to evaluate whether the defendant's actions, though technically illegal, were justified under the law due to extraordinary circumstances.

• Example 3: Contract Dispute with Ambiguous Terms

  Two businesses are engaged in a lawsuit over a breach of contract. The contract includes a highly customized and somewhat ambiguous clause regarding the calculation of damages in the event of a specific type of default. Standard jury instructions would cover general contract law principles. However, one party might request a special instruction guiding the jury on how to interpret this particular, complex damages clause, perhaps by referencing specific industry customs, the parties' prior dealings, or relevant legal precedents concerning such unique contractual provisions.

  This demonstrates a special instruction because it directs the jury on how to legally interpret a unique and potentially unclear provision within a specific contract, rather than relying solely on broad principles of contract law, ensuring the jury applies the law correctly to the specific terms agreed upon by the parties.