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    The verdict instructions for the jury in the Ellen Pao vs. Kleiner Perkins sex-discrimination case

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    The verdict instructions for the jury in the Ellen Pao vs. Kleiner Perkins sex-discrimination case

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    246 views14 pages

    Pao-Kleiner Jury Instructions

    Uploaded by

    WSJTech
    The verdict instructions for the jury in the Ellen Pao vs. Kleiner Perkins sex-discrimination case

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 14
    5000 6006 INTRODUCTORY INSTRUCTIONS Members of the jury, you have now heard all the evidence. The attorneys will have one last chance to talk to you in closing ergument. But before they do, its my duty to instoet you on the Javr that applies to this case. You must follow these instructions as well as those that I peviously gave you. ‘You must decide what the facts are. You must consider all the evidence and thea decide ‘what you think happened. You must decide the fats based on the evidence admitted in hs tial, ‘Do not allow anything that happens outside tis courtroom to affect your decision. Do ‘not tlk about this case or the people involved init with anyone, including family and penons living in ‘your household, friends and coworkers, spiritual leaders, advisors, or therapists. Do notdo any ‘esearch on your own or asa group. Do not use dictionaries or other reference materils, ‘These prohibitions on communiestions and research extend to all forms of electanic ‘communications. Do not use any electronic devices or media, such asa cell phone or start phone, PDA, computer, tablet device, the Intemet, any Intemet service, any text or instant-messeging service, any Intemet chat room, blog, or website, including social networking websites or online diaries, to send or receive any information to or from anyone about this ease or your expeience as a {juror until after you have been discharged from your jury duty. ‘Do not investigate the ease or conduct any experiments. Do not contact anyone t assist ‘you, such asa family accountant, or lawyer. Do not visitor view the scene of any event involved in this ease. All jurors must see or hear the same evidence atthe same time. Do not read, stent, or ‘watch any news accounts ofthis tral. You must not lt bias, sympathy, prejudice, or public opinion influence your decision. will now tell you the law that you must follow to reach your verdict. You must follow the law exactly a I give it to you, even if you disagree with it. Ifthe attorneys say anything diferent about what the law means, you must follow what I say. Inreaching your verdict, do not guess what I think your verdict shouldbe from something I may have ssid or done. Pay carefl attention to all the instructions that I give you. All the instructions are ‘important because together they state the law that you will use inthis case, You must consider all of| the instructions together. ‘After you have decided what the facts are, you may ind that some instructions do not apply In that case, fllow the instructions that de apply and use them together with the fics to reach ‘your verdict. If repeat any ideas or rules of law during my instructions, that does not mean tht these {ideas or rules are more important than the others. In addition the order in which the instuctions are sven does not make any difference. Ellen Pao isthe only plaintiff in this lawsuit, While you have heard evidence about the ‘experiences of other employees at Kleiner Perkins Caufield & Byers LLC (hereafter refered to as ‘Kleiner Perkins) and you may consider such evidenee in keeping with the instructions Thave previously given you and will give you now, your job isto decide whether Ms, Pao has proved her L 5001 200 claims that Kleiner Perkins discriminated against her, retaliated against er, ad failed to prevent discrimination against her. Kener Perkins is the only defendant in this lawsuit, Kleiner Perkins is ‘entitled to the same far and impartial treatment tat you would give to an individual. You must decide {his case with the same faimes that you would use if you were deciding the case betwen individuals. ‘You must not consider whether any of the parties in this ease has insurance. The presence or absence of insurance is totally relevant. You must decide tis ease based only onthe Taw and the evidence, ‘With only one exception, which I will discuss in connection with instructions on puntive ‘damages, all facts that must be proved inthis case by either side must be proved by a preponderance ofthe evidence. Proof by preponderance ofthe evidence means that pety must persuade you, by the evidence presented in cour, that what she ori is required to proveis more likely to be true than not trae, ‘After weighing all ofthe evidence, if you cannot decide that something is more likely to be tre than not true, you must conclude thatthe party did not prove it. You should consier all the evidence, no matter which party produced the evidence. EVALUATION OF THE EVIDENCE ‘You must decide what the facts are in this ease only ftom the evidence you have seen or ‘heard during the tial, including the exhibits that admitted into evidence. Sworn testimony, ‘documents, or anything else may be admitted into evidence. You may not consider as evidence ‘anything that you saw or heard when court was not in session, even something done or sid by one of the partes, atlomeys, or witnesses. ‘What the atomeys say during the tral is not evidence. In their opening statements and closing arguments, the attorneys tall to you about the aw and the evidence. What the lawyers say ‘may help you understand the law and the evidence, but their statements and arguments ae not evidence. ‘The attomeys' questions are not evidence. Only the witnesses’ answers are evidence. ‘You should not think that something is true just because an attorney's question suggested that it was ‘ue, However, the altomeys for both sides have agreed that certain facts are true. This agreement is called a stipulation. No other proof is needed and you must accept those facts as true in his tral Each side had the right to object to evidence offered by the ther side. When I sustained ‘an objection toa question, ignore the question and do not guess why I sustained the objection Ifthe ‘witness did not answer, you must not guess what he or she might have said. When the witness already answered, you must ignore the answer. During the tral I granted motions to strike testimony that you heard. You must totally

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