Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Nevada Jury Instructions EXPERT TESTIMONY; EVALUATION BY JURY A person who has special knowledge, skill, experience, training or education in particular science, profession or occupation may give his or her opinion as an expert as to any matter in which he or she is skilled. In determining the weight to be given such opinion, you…
Read More “Nevada Jury Instructions: Expert Testimony; Evaluation By Jury” »
Nevada Jury Instructions EXPERT TESTIMONY; EVALUATION BY JURY OF ANSWER TO HYPOTHETICAL QUESTION A question has been asked in which an expert witness was told to assume that certain facts were true and to give an opinion based upon that assumption. This is called a hypothetical question. If any fact assumed in the question has not been…
Nevada Jury Instructions BURDEN OF PROOF; PREPONDERANCE OF THE EVIDENCE Whenever in these instructions I state that the burden, or the burden of proof, rests upon a certain party to prove a certain allegation made by him, the meaning of such an instruction is this: That unless the truth of the allegation is proved by…
Read More “Nevada Jury Instructions: Burden Of Proof; Preponderance Of The Evidence” »
Nevada Jury Instructions NUMBER OF WITNESSES The preponderance, or weight of evidence, is not necessarily with the greater number of witnesses. The testimony of one witness worthy of belief is sufficient for the proof of any fact and would justify a verdict in accordance with such testimony, even if a number witnesses have testified to…
Read More “Nevada Jury Instructions: Number Of Witnesses” »
Nevada Jury Instructions CONCLUSIVE PRESUMPTION; JURY QUESTION AS TO EXISTENCE OF BASIC FACTS If you find by a preponderance of the evidence that (insert controverted basic facts), then you must also find that (insert presumed fact). If you do not find by a preponderance of the evidence that (insert controverted basic facts), then you must…
Nevada Jury Instructions DISPUTABLE PRESUMPTION; BASIC FACTS ESTABLISHED AS A MATTER OF LAW; JURY QUESTION AS TO PRESUMED FACT The law provides for a disputable presumption that (insert disputable presumption). In this action, it has been established that (insert basic facts). The effect of this disreputable presumption is that it places upon (insert name of party…
Nevada Jury Instructions DISPUTABLE PRESUMPTION; JURY QUESTION AS TO BASIC FACTS AND PRESUMED FACT The law provides for a disputable presumption that (insert disputable presumption). If you find by a preponderance of the evidence that (insert basic facts), then the disputable presumption operations to shift to (insert name of party against whom presumption is directed)…
Nevada Jury Instructions RESPECTIVE BURDENS OF PLAINTIFF AND DEFENDANT; GENERAL [Except as I have already instructed you upon the law relative to presumptions,] The plaintiff has the burden of establishing by a preponderance of the evidence all of the facts necessary to prove the following issues: [Except as I have already instructed you upon the…
Read More “Nevada Jury Instructions: Respective Burdens Of Plaintiff And Defendant; General” »
Nevada Jury Instructions DEPOSITION EVIDENCE Certain testimony has been read into evidence from a deposition. A deposition is testimony taken under oath before the trial and preserved in writing. You are to consider that testimony as if it had been given in court. EV. J.I. 2.03 Jay YoungHon. Jay Young (Ret.) is a retired judicial…
Read More “Nevada Jury Instructions: Deposition Evidence” »
Nevada Jury Instructions RESPECTIVE BURDENS OF PLAINTIFF AND DEFENDANT; NEGLIGENCE AND CONTRIBUTORY NEGLIGENCE The plaintiff has the burden to prove that the plaintiff sustained damage, that the defendant was negligent, and that such negligence was a [proximate] [legal] cause of the damage sustained by the plaintiff. The defendant has the burden of proving, as an…