Question 1

What are jury instructions in Florida?

Accepted Answer

Jury instructions are the legal directives given by the judge to the jury before deliberations, explaining the law that applies to the case and how the jury should evaluate the evidence. In Florida, jury instructions are based on the Florida Standard Jury Instructions, published by the Florida Supreme Court. These standardized instructions cover: the burden of proof (preponderance of the evidence in civil cases, beyond a reasonable doubt in criminal cases), the elements of each legal claim (what the plaintiff must prove), the definitions of legal terms used in the case, the rules for evaluating witness credibility, and the damage calculation methodology.

Question 2

Can Florida attorneys request special jury instructions?

Accepted Answer

Yes. In addition to the standard instructions, attorneys can request special jury instructions tailored to the specific facts and legal issues of the case. The request must: be filed in writing before trial (typically as part of the proposed jury instructions), cite the legal authority supporting the instruction (statutes, case law), and be legally accurate and relevant to the issues in the case. The opposing party can object to proposed special instructions. The judge decides which instructions to give. If the judge refuses to give a requested instruction, the requesting party must object on the record to preserve the issue for appeal.

Question 3

How do jury instructions affect Florida real estate trials?

Accepted Answer

In real estate trials, jury instructions address: the elements of breach of contract (offer, acceptance, consideration, breach, damages), the standard for fraud (material misrepresentation, knowledge of falsity, intent to induce reliance, justifiable reliance, damages), the measure of damages (benefit of the bargain, out-of-pocket losses, consequential damages), negligence standards (duty, breach, causation, damages), the comparative fault allocation (each party’s percentage of fault), and any affirmative defenses (statute of limitations, estoppel, waiver). Incorrect jury instructions are one of the most common grounds for appeal in Florida civil cases.

Jury Instructions Legal Standards

Jury Instructions and Legal Standards in Florida

Standard Instructions Cover

Special Instructions

Real Estate Trial Instructions

Related Terms

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