Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Code d'instruction criminelle

A French criminal-procedure code, enacted in 1811 and appended to the Code Napoleon. See NAPOLEONIC CODE.

Instruct

vb. See CHARGE (3).

Instruction

See JURY INSTRUCTION.

Jewell instruction

Criminal procedure. A court's instruction to the jury that the defendant can be found to have the requisite criminal mental state despite being deliberately ignorant of some of the facts surrounding the crime. 0 If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular bag contained drugs, but the surrounding circumstances would put a reasonable person on notice that there was a high probability of illegality, as when the defendant has taken the bag from a known drugdealer and has noticed the smell of marijuana coming from the bag, then the court may instruct the jury that it is entitled to infer the defendant's guilty knowledge if the defendant deliberately avoided knowledge of the critical facts. United States u. Jewell, 532 F.2d 697 (9th Cir. 1976). - Also termed deliberate-indifference instruction.

Single-juror instruction

See jury instruction

additional instruction

A jury charge, beyond the original instructions, that is usu. given in response to the jury's question about the evidence or some point of law. - Also termed further instruction.

additional instruction.

See JURY INSTRUCTION.

affirmative converse instruction

An instruction presenting a hypothetical that, if true, commands a verdict in favor of the defendant. ( An affirmative converse instruction usu. begins with language such as "your verdict must be for the defendant if you believe affirmative instruction. An instruction that removes an issue from the jury's consideration, such as an instruction that whatever the evidence, the defendant cannot be con- victed under the indictment count to which the charge is directed. - Also termed affirmative charge.

affirmative instruction

see jury instruction.

argumentative instruction

An instruction that assumes facts not in evidence, that singles out or unduly emphasizes a particular issue, theory, or defense, or that otherwise invades the jury's province regarding the weight, probative value, or sufficiency of the evidence.

binding instruction.

See mandatory instruction.

cautionary instruction

1 A judge's instruction to the jurors to disregard certain evidence or consider it for specific purposes only. 2. A judge's instruction for the jury not to be influenced by outside factors and not to talk to anyone about the case while the trial is in progress.

cautionary instruction.

See JURY INSTRUCTION

curative instruction

A judge's instruction that is intended to correct an erroneous instruction.

disparaging instruction.

A jury charge that discredits or defames a party to a lawsuit.

documentary instruction

A written agreement between an importer and exporter covering the relegation of various documents relating to the shipment and disposition of goods.

dynamite instruction

See ALLEN CHARGE.

formula instruction

A jury charge intended to be the complete statement of the law on which the jury must base its verdict.

further instruction

See additional instruction.

instructed verdict

See directed verdict.

juge d'instruction

A magistrate who conducts preliminary criminal proceedings, as by taking complaints, interrogating parties and witnesses, and formulating charges.

jury instruction

A direction or guideline that a judge gives a jury concerning the law of the case. - Often shortened to instruction. - Also termed jury charge; charge; jury direction; direction.

mandatory instruction

An instruction requiring a jury to find for one party and against the other if the jury determines that, based on a preponderance of the evidence, a given set of facts exists. - Also termed binding instruction.

model jury instruction

A form jury charge usu. approved by a state bar association or similar group regarding matters arising in a typical lawsuit. ( Courts usu. accept model jury instructions as authoritative. - Also termed pattern jury instruction; pattern jury charge; model jury charge.

model jury instruction.

See JURY INSTRUCTION.

ostrich instruction

Criminal procedure. An instruction stating that a defendant who deliberately avoided acquiring actual knowledge can be found to have acted knowingly.

pattern jury instruction

See model jury instruction.

pattern jury instruction.

See model jury in struction under JURY INSTRUCTION.

peremptory instruction

A court's explicit direction that a jury must obey, such as an instruction to return a verdict for a particular party. See directed verdict under VERDICT.

request for instructions

Procedure. During trial, a party's written request that the court instruct the jury on the law as set forth in the request. Fed. R. Civ. P. 51. - Abbr. RFI. -Also termed request to charge.

shotgun instruction

See ALLEN CHARGE.

single juror instruction

An instruction stating that if any juror is not reasonably satisfied with the plaintiff's evidence, then he jury cannot render a verdict for the plaintiff.

special instruction

An instruction on some particular point or question involved in the case, usu. in response to counsel's request for such an instruction.

standard instruction

A jury instruction that has been regularly used in a given jurisdiction.

third-degree instruction

See ALLEN CHARGE.