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About the Book
These model jury instructions are the latest in the series that started with the Section's sample jury instructions that were first published in 1987 and then updated twice in the 1990s. Each instruction in the current edition received a fresh look, and this volume offers, to the greatest extent possible, definitive instructions on the law; presents balanced instructions that are intended to be acceptable to plaintiffs and defendants alike; and provides instructions written in a way that juries would find helpful and informative.
Because of the paucity of jurisprudence on antitrust jury instructions, these model instructions distill language from the appellate court decisions that accurately and clearly reflect substantive antitrust law. They account for the variety of factual circumstances in which antitrust claims arise by including bracketed directions to insert the particular allegations or contentions of the parties.
Model Jury Instructions includes model instructions for all of the more significant causes of action, defenses, and other issues that have particular application to civil antitrust litigation and that involve issues likely to be presented to the jury for resolution. These model instructions cover causes of action under Sections 1 and 2 of the Sherman Act, Section 3 of the Clayton Act, and the Robinson-Patman Act. Also covered are common issues raised in patent antitrust litigation.
The seven main sections of the book are subdivided into categories of instructions. For each separate cause of action, there generally is an "elements" instruction that lists all the elements that must be proven. The elements instruction typically is followed by separate instructions focusing more specifically on the proof required for each element or applicable defense. To eliminate unnecessary repetition, cross-references to certain instructions that are common to various causes of action are used (e.g., most causes of action share the Sherman Act interstate commerce requirement).
These model instructions generally present a single, clear view of the law based upon Supreme Court and U.S. Court of Appeals decisions. In those few instances where there is a split of authority among circuits on a point relevant to the instructions, alternative instructions are provided or noted.
Practicing lawyers and judges want and need jury instructions that reflect settled law to the greatest extent possible. Model Jury Instructions is such a resource.
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