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Doc 1017 Jury Instructions

Doc 1017 Jury Instructions

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Published by: david_hamilton8395 on May 04, 2012
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   U  n   i   t  e   d   S   t  a   t  e  s   D   i  s   t  r   i  c   t   C  o  u  r   t
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12345678910111213141516171819202122232425262728IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIAORACLE AMERICA, INC.,Plaintiff,v.GOOGLE INC.,Defendant.No. C 10-03561 WHA
Case3:10-cv-03561-WHA Document1017 Filed04/30/12 Page1 of 19
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1234567891011121314151617181920212223242526272821.Members of the jury, it is now time for me to give you the finalinstructions, including instructions on the law that governs this case. A copy of these instructions will be available in the jury room for you to consult asnecessary.It is your duty to find the facts from all the evidence and to decide whetherthe side with the burden of proof has carried that burden, applying the elements of proof required by the law, elements I will provide you in a moment. In followingmy instructions, you must follow all of them and not single out some and ignoreothers. You must not read into these instructions or into anything the Court mayhave said or done as suggesting what verdict you should return — that is a matterentirely up to you.2.The evidence from which you are to decide what the facts are consists of:1.The sworn testimony of witnesses, whether presented inperson or by depositions;2.The exhibits received into evidence; and3.Any stipulated facts or facts I told you were deemed to beevidence.3.Certain things, however, are not evidence, and you may not consider themin deciding what the facts are. I will list them for you:1.Arguments, statements and objections by lawyers are notevidence. The lawyers are not witnesses. What they havesaid in their opening statements, closing arguments and atother times is intended to help you interpret the evidence,but it is not evidence itself. If the facts as you remember
Case3:10-cv-03561-WHA Document1017 Filed04/30/12 Page2 of 19
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123456789101112131415161718192021222324252627283them differ from the way the lawyers have stated them,your memory of them controls.2.A suggestion in a question by counsel or the Court is notevidence unless it is adopted by the answer. A question byitself is not evidence. Consider it only to the extent it isadopted by the answer.3.Testimony or exhibits that have been excluded or stricken,or that you have been instructed to disregard, are notevidence and must not be considered. In addition, sometestimony and exhibits have been received only for alimited purpose; where I have given a limiting instruction,you must follow it.4.Anything you may have seen or heard when the Court wasnot in session is not evidence.4.Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally sawor heard, or did. Circumstantial evidence is proof of one or more facts fromwhich you could find another fact. By way of example, if you wake up in themorning and see that the sidewalk is wet, you may find from that fact that itrained during the night. However, other evidence, such as a turned-on gardenhose, may explain the presence of water on the sidewalk. Therefore, before youdecide that a fact has been proved by circumstantial evidence, you must considerall the evidence in the light of reason, experience and common sense. You shouldconsider both kinds of evidence. The law makes no distinction between theweight to be given to either direct or circumstantial evidence. It is for you todecide how much weight to give to any evidence.
Case3:10-cv-03561-WHA Document1017 Filed04/30/12 Page3 of 19

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