instructions


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Instructions

Directives given by a judge to a jury during a trial prescribing the manner in which the jurors should proceed in deciding the case at bar. Jury instructions ordinarily include a statement of the questions of fact for determination by the jury, as well as a statement of the laws applicable to the facts of the case.

See: charge, direction, order

instructions

the facts of a case given by a client to his solicitor or by a solicitor to a barrister with directions to conduct the case.

INSTRUCTIONS, com. law, Contracts. Orders given by a principal to his agent in relation to the business of his agency.
     2. The agent is bound to obey the instructions he has received and when he neglects so to do, he is responsible for the consequences, unless he is justified by matter of necessity. 4 Binn. R. 361; 1 Liverm. Agency, 368.
     3. Instructions differ materially from authority, as regards third persons. When a written authority is known to exist, or, by the nature of the transaction, it is presupposed, it is the duty of persons dealing with an agent to ascertain the nature and extent of his authority; but they are not required to make inquiry of the agent as to any private instructions from his principal, for the obvious reason that they may be presumed to be secret and of a confidential nature, and therefore not to be communicated to third persons. 5 Bing. R. 442.
     4. Instructions are given as applicable to the usual course of things, and are subject to two qualifications which are naturally, and perhaps necessarily implied in every mercantile agency. 1. As instructions are applicable only to the ordinary course of affairs, the agent will be justified, in cases of extreme necessity and unforeseen emergency, in deviating from them; as, for example, when goods on hand are perishable and perishing, or when they are accidentally injured and must be sold to prevent further loss; or if they are in imminent danger of being lost by the capture of the port where they are, they may be transferred to another port. Story on Ag. Sec. 85, 118, 193; 3 Chit. Com. Law, 218; 4 Binn. 361; 1 Liverm. on Ag. 368. 2. Instructions must be lawful; if they are given to perform an unlawful act, the agent is not bound by them. 4 Campb. 183; Story on Ag. Sec. 195. But the lawfulness of such instruction does not relate to the laws of foreign countries. Story, Confl. of Laws, Sec. 245; 1 Liverm. on Ag. 15- 19. As to the construction of letters of instruction, see 3 Wash. C. C. R. 151; 4 Wash. C. C. R. 551; 1 Liv. on Ag. 403; Story on Ag. Sec. 74; 2 Wash. C. C. R. 132; 2 Crompt. & J. 244; 1 Knapp,, R. 381.

INSTRUCTIONS, practice. The statements of a cause of action, given by a client to his attorney, and which, where such is the practice, are sent to his pleader to put into legal form of a declaration. Warr. Stud. 284.
     2. Instructions to counsel are their indemnity for any aspersions they may make on the opposite party; but attorneys who have a just regard to their own reputation will be cautious, even under instructions, not to make any unnecessary attack upon a party or witness. For such unjustifiable conduct the counsel will be held responsible. Eunom. Dial. 2, Sec. 43, p. 132. For a form of instructions, see 3 Chit. Pr. 117, and 120 n.

References in classic literature ?
Eliot gave them occasionally an apple or a cake; and the adults were requested to repeat to them the instructions that had been given.
Waban, who is described as "the chief minister of justice among them," had before shown a better disposition than any other native to receive the religious instruction of the Christians, and had voluntarily proposed to have his eldest son educated by them.
When I received the answer, referring me to his written instructions to his lawyer in London -- and when a copy of those instructions was placed in my hands -- I positively declined, on becoming acquainted with them, to receive the writer's decision as final.
It is surely enough that you know the result of the instructions.
There can be no end gained," pleaded the lawyer -- "forgive me for saying so -there can really be no useful end gained by my showing you the instructions.
Astor addressed a letter of instruction to the four partners who were to sail in the ship.
However, he finally persuaded Usanga to bide his time for a few more days of instruction, but in the suspicious mind of the Negro there was a growing conviction that the white man's advice was prompted by some ulterior motive; that it was in the hope of escaping with the machine himself by night that he refused to admit that Usanga was entirely capable of handling it alone and therefore in no further need of help or instruction, and so in the mind of the black there formed a determination to outwit the white man.
The interest he took in the matter now, induced him to open the sealed instructions which had been deposited with the Diamond.
Now, Betteredge, exert those sharp wits of yours, and observe the conclusion to which the Colonel's instructions point
Or leave the instructions on the table, and I will send for the nearest solicitor to complete them in your place.
I see no reason, then, why our metaphysical poets should plume themselves so much on the utility of their works, unless indeed they refer to instruction with eternity in view; in which case, sincere respect for their piety would not allow me to express my contempt for their judgment; contempt which it would be difficult to conceal, since their writings are professedly to be understood by the few, and it is the many who stand in need of salvation.
The servants be hanged," said Sir Pitt; and his son thought even worse would happen were they deprived of the benefit of his instruction.

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