July/August 1999 issue

New 8th Circuit Civil Jury Instructions

Joan Stevens
Reference/Catalog Librarian

The Committee on Model Civil Jury Instructions Within the Eighth Circuit has released the 1999 Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit.

The 1999 civil instructions are available for viewing, downloading and printing on the 8th Circuit's Internet <http://www.ca8.uscourts.gov/coa/publs/publs.htm> site. They are available in paper format in West Group's 1999 pamphlet, Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit. Please note, however, that the 1999 electronic version issued by the 8th Circuit contains citation corrections and editorial revisions not in West's 1999 pamphlet.

The 1999 jury instructions pamphlet was supplied by West as a supplement to Devitt and Blackmar, Federal Jury Practice and Instructions, so all holders of Devitt and Blackmar should have received it. Remaining FY99 funds are insufficient to purchase additional copies at this time. If you do not have Devitt and Blackmar and need this copy of the civil jury instructions, contact your librarian. The 1999 West pamphlet is available in all the libraries at KF 8984 .A65 M35 1999.

The Hon. William A. Knox, U.S. Magistrate Judge for the Western District of Missouri and chair of the Subcommittee on Model Civil Jury Instructions Eighth Circuit, kindly provided the list below of new and revised instructions in the 1999 edition.

Changes in the 1999 8th Circuit Civil Jury Instructions
Employment Cases--Element and Damage Instructions
5.02 Title VII - Disparate Treatment - Actual Damages (revised)
5.40 Sexual Harassment Cases Under Title VII of the Civil Rights Act of 1964, as Amended by the Civil Rights Act of 1991
5.41 Sexual Harassment - Essential Elements (By Supervisor with Tangible Employment Action)
5.42 Sexual Harassment - Essential Elements (By Supervisor with No Tangible Employment Action)
5.42A Affirmative Defense (For Use in Cases with No Tangible Employment Action)
5.43 Sexual Harassment - Essential Elements (By Nonsupervisor with No Tangible Employment Action)
5.91 Disparate Treatment Cases - Pretext/Indirect Evidence Instruction - Essential Elements (revised)
5.92 Special Interrogatories to Elicit Findings in Borderline Pretext/Mixed Motive Cases (revised)
5.95 Pretext Instruction (revised)
5.96 Definition of Motivating Factor



Listed below are the formats of current 8th Circuit jury instructions and where you will find them.



Civil
Year: 1999
Format:Electronic
Title:Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit.
Location:Internet: <http://www.ca8.uscourts.gov/coa/publs/publs.htm>
Publisher:8th Circuit
Content note:Contains citation corrections and editorial revisions not in West's 1999 pamphlet.


Year:1999
Format:Print
Title:Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit.
Location:8th Circuit Libraries: KF 8984 .A65 M35 1999
Publisher:West
Content note:Does not contain citation corrections and editorial revisions in the 8th Circuit's 1999 electronic version.

Criminal
Year:1997
Format:Electronic
Title:Manual of Model Criminal Jury Instructions for the District Courts of the Eighth Circuit.
Location:Internet: <http://www.ca8.uscourts.gov/coa/publs/publs.htm>
Publisher:8th Circuit
Content note:Contains new and amended instructions not in West's 1996 pamphlet.


Year:1996
Format:Print
Title:Manual of Model Criminal Jury Instructions for the District Courts of the Eighth Circuit.
Location:8th Circuit Libraries: KF 9682 .A65 M35 1996
Publisher:West
Content note:Does not have the new and amended instructions found in the 8th Circuit's 1997 electronic version.


As mentioned in the January/February issue of the library newsletter, jury instructions are not binding as law and are in constant revision by dedicated judges and attorneys.



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