PJC Business

Introduction

of credible evidence presented in this case. If you do not find that a preponderance of the evidence supports a “yes” answer, then answer “no.” A preponderance of the evidence is not measured by the number of witnesses or by the number of documents admitted in evidence. For a fact to be proved by a preponderance of the evidence, you must find that the fact is more likely true than not true. f. Hypothetical examples. The names of hypothetical parties and facts have been italicized to indicate that the names and facts of the particular case should be substituted. In general, the name Paul Payne has been used for the plaintiff and Don Davis for the defendant. Some PJCs use other hypothetical parties (see, e.g., 115.36). Their use is explained in the comments. 5. C OMMENTS AND C ITATIONS OF A UTHORITY The comments to each PJC provide a ready reference to the law that serves as a foun dation for the charge. The primary authority cited is Texas (or, for employment law, fed eral) case law. In some instances, secondary authority—for example, Restatement (Second) of Contracts —is also cited. The Committee wishes to emphasize that second ary authority is cited solely as additional guidance to the reader and not as legal authority for the proposition stated. Some comments also include variations of the recommended forms and additional questions or instructions for special circumstances. 6. U SING THE P ATTERN C HARGES Matters on which the evidence is undisputed should not be submitted by either instruction or question. Conversely, questions, instructions, and definitions not included in this book may sometimes become necessary. Finally, preparation of a proper charge requires careful legal analysis and sound judgment. 7. I NSTALLING THE D IGITAL D OWNLOAD The downloadable version of Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment (2022 edition) contains the entire text of the printed book. To install the digital download— 1. go to https://manage.texasbarpractice.com ; 2. if prompted to log in, do so; and 3. in the “Downloadables” column, click the download button for this book’s title. Use of the digital download is subject to the terms of the license and limited war ranty included in the documentation at the end of this book and on the digital download web pages. By accessing the digital download, you waive all refund privi leges for this publication.

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