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conflicting

Page history last edited by abogado 3 years, 1 month ago

Conflicting Evidence

Jury INSTRUCTION NO. 2.01
WEIGHING CONFLICTING TESTIMONY

    You are not required to decide any issue according to the testimony of a number of witnesses, which does not convince you, as against the testimony of a smaller number or other evidence, which is more convincing to you. The testimony of one witness worthy of belief is sufficient to prove any fact. This does not mean that you are free to disregard the testimony of any witness merely from caprice or prejudice, or from a desire to favor either side. It does mean that you must not decide anything by simply counting the number of witnesses who have testified on the opposing sides. The test is not the number of witnesses, but the convincing force of the evidence.

 

 

Read the following

 

1.  California Jury Instructions - Evaluating Conflicting Evidence 

2.  http://abogado.pbworks.com/f/JuryInstructions_2008.rtf

From Tennessee Pattern Jury Instructions
T.P.I.—CIVIL 2.03 Weighing Conflicting Testimony
Although you must consider all of the evidence, you are not required to accept all of the
evidence as true or accurate.
You should not decide an issue by the simple process of counting the number of witnesses who have testified on each side. You must consider all of the evidence in your case. You may decide that the testimony of fewer witnesses on one side is more convincing than the testimony of more witnesses on the other side.

see BAJI instructions below
UJI 2.01 WEIGHING CONFLICTING TESTIMONY

You are not required to decide any issue according to the testimony of a number of witnesses, which does not convince you, as against the testimony of a smaller number of witnesses or other evidence, which is more convincing to you.  The testimony of one witness worthy of belief is sufficient to prove any fact.  This does not mean that you are free to disregard the testimony of any witness merely from caprice or prejudice, or from desire to favor either side.  It does mean that you must not decide anything by simply counting the number of witnesses who have testified on the opposing sides.  The test is not the number of witnesses, but the convincing force of the evidence.

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