Jury Instructions: How They Work and Why They Decide Cases

Jury instructions are the written or oral statements a judge gives to the jury about the law they must apply to the facts they find. Also called jury charges or directions, instructions translate the legal rules of the case into language the jury can apply during deliberation. They are usually drafted from pattern instructions (model instructions adopted by state bar associations or judicial councils), then modified to fit the specific case, and finally read to the jury at the close of evidence.

This guide explains what jury instructions actually contain, how lawyers shape the instructions through proposed instructions and conference, the elements instructions that often decide cases, and the appellate consequences of erroneous instructions. Read it beside the voir dire guide, the summary judgment overview, and the motion in limine guide.

What Jury Instructions Are

A jury instruction is a guideline given by the judge to the jury about the law they will have to apply to the facts they have found to be true. Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They typically include:

• Preliminary instructions: introduction to jury duties, evidence types, and burden of proof.
• Substantive law instructions: the elements of each claim and defense.
• Damages instructions: how to calculate damages if liability is found.
• Procedural instructions: how to deliberate, the role of the foreperson, the verdict form.
• Concluding instructions: standards for credibility, the jury's role in finding facts.

Pattern Instructions

Pattern jury instructions, also called model jury instructions, are sample instructions recommended by a state bar or a similar organization. Federal and state courts maintain pattern collections:

• Federal Civil Pattern Jury Instructions: separate sets in most circuits (3rd Cir., 5th Cir., 7th Cir., 9th Cir., 11th Cir.).
• California CACI (Civil Approved Civil Instructions).
• New York Pattern Jury Instructions.
• Florida Standard Jury Instructions.
• Texas Pattern Jury Charges.

Pattern instructions are not binding; they are starting points. Lawyers typically modify them to fit the case and may submit additional non-pattern instructions for unusual claims.

Examples of Jury Instructions

Examples include:

• Burden of proof: "The plaintiff has the burden of proving each element by a preponderance of the evidence, meaning that it is more likely true than not true."
• Negligence elements: "To establish negligence, the plaintiff must prove (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused the plaintiff's injury, and (4) the plaintiff suffered damages."
• Credibility: "You are the sole judges of the credibility of the witnesses. You may consider the witness's manner, motives, opportunity to observe, and consistency of testimony."
• Damages: "If you find for the plaintiff, you must determine the amount of damages that will fairly and adequately compensate the plaintiff for harm caused by the defendant's conduct."

How Lawyers Shape the Instructions

The instruction-drafting process typically follows these steps:

Federal Rule of Civil Procedure 51 governs civil instruction practice: parties file proposed instructions before trial under Rule 51(a)(1); the court informs the parties of its proposed instructions before closing argument under Rule 51(b)(1); objections must be made on the record before the jury retires under Rule 51(c)(2)(B). Federal Rule of Criminal Procedure 30 imposes parallel requirements. Pattern instructions (Ninth Circuit Model Civil Jury Instructions, Fifth Circuit Pattern Jury Instructions, California CACI) are persuasive but not binding. Failure to preserve an instructional objection limits review to plain error under Johnson v. United States, 520 U.S. 461 (1997).

1. Each side submits proposed instructions before trial or at the close of evidence (Federal Rule of Civil Procedure 51 governs federal practice).
2. The court holds a charge conference where the judge and counsel discuss each instruction.
3. The judge rules on each disputed instruction.
4. The judge reads (or distributes) the final instructions to the jury before deliberation.
5. Counsel must object to any erroneous instruction or refusal to give a proposed instruction before the jury retires; failure to object waives the issue on appeal.

Elements Instructions Decide Cases

The instruction listing the elements of the claim is often the most important. The jury reads (or hears) the elements and uses them as a checklist. If the plaintiff has not presented evidence on every element, the jury must find for the defendant, even if it sympathizes with the plaintiff.

Lawyers planning a trial reverse-engineer from the elements instruction:

• Identify the elements the plaintiff must prove.
• Identify the evidence that goes to each element.
• Confirm that the discovery and witness preparation will produce admissible evidence on each element.
• Prepare cross-examination to undermine evidence on each element.

The same approach drives summary judgment briefing.

Special Verdict Forms vs. General Verdict

Form	What jury answers	Use case
General verdict	"For plaintiff" or "for defendant" plus damages	Simple cases; one or two issues
Special verdict	Numbered factual questions; court applies law	Complex cases; multiple parties or claims
General verdict with interrogatories	General verdict plus specific questions	Mixed approach; tests consistency

FRCP 49 governs federal practice. Special verdicts force the jury to address specific factual questions and reduce the chance of inconsistent verdicts.

Allen Charges and Deadlocked Juries

If a jury deadlocks during deliberation, the judge may give a supplemental "Allen charge" urging continued effort to reach a verdict. The traditional Allen charge instructs minority jurors to reconsider their views in light of the majority. Modern variants are more balanced; some jurisdictions have abolished the traditional Allen charge and adopted neutral deadlock instructions. Improper coercion can result in mistrial.

Appellate Review of Instructions

Erroneous jury instructions are a frequent ground for appeal. Standards of review:

Reversible-error categories: (1) burden-shifting violates In re Winship, 397 U.S. 358 (1970); (2) mandatory presumptions violate Sandstrom v. Montana, 442 U.S. 510 (1979); (3) failure to instruct on lesser-included offenses in capital cases violates Beck v. Alabama, 447 U.S. 625 (1980); (4) constructive amendment of the indictment violates Stirone v. United States, 361 U.S. 212 (1960); (5) civil instructional error is reviewed for harmless error under Federal Rule of Civil Procedure 61; (6) omitted-element error in criminal cases is reviewed under Neder v. United States, 527 U.S. 1 (1999). ABA Model Rule 3.5(b) prohibits ex parte communications about instructions.

• De novo for the legal correctness of an instruction.
• Abuse of discretion for the choice between alternatively correct instructions.
• Plain error if the error was not preserved by objection.

An erroneous instruction is reversible only if it prejudiced a substantial right and likely affected the outcome. Harmless errors are not reversible.

When You Need an Attorney

Proposed jury instructions and the charge conference shape the legal field the jury sees. Legal Tank's attorney-drafted proposed jury instructions service handles instruction selection, modification of pattern instructions, and case-specific instructions. The proposed jury instructions template is a no-cost download for self-represented filers. For preparation, see the motion in limine guide.

Frequently Asked Questions

What is an example of jury instructions?

An example is the burden-of-proof instruction: "The plaintiff has the burden of proving each element by a preponderance of the evidence, meaning that it is more likely true than not true." Another example is the negligence elements instruction: "To establish negligence, the plaintiff must prove the defendant owed a duty of care, breached that duty, the breach caused the plaintiff's injury, and the plaintiff suffered damages." Pattern instructions in each jurisdiction provide hundreds of model instructions for common claims and defenses.

What instructions are given to the jury?

A jury instruction is a guideline given by the judge to the jury about the law they will have to apply to the facts they have found to be true. Typical instructions include preliminary instructions explaining juror duties, substantive law instructions listing the elements of each claim and defense, damages instructions explaining how to calculate compensation, procedural instructions about deliberation and the verdict form, and concluding instructions about credibility and the jury's role.

How do jury instructions work?

Pattern jury instructions, also called model jury instructions, are sample instructions recommended by a state bar or a similar organization. Lawyers submit proposed instructions before trial or at the close of evidence. The judge holds a charge conference, rules on disputed instructions, and reads or distributes the final instructions to the jury before deliberation. The jury applies the law as instructed to the facts it finds. Counsel must object to erroneous instructions before the jury retires to preserve the issue for appeal.

Are jury instructions and jury charges the same thing?

Yes. Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. The terms are used interchangeably in modern American practice. Some jurisdictions favor "instructions" while others favor "charges," but the terms describe the same body of guidance. The Federal Rules of Civil Procedure use "instructions" while many state criminal practice codes use "charges."