pattern instruction in Illinois

2020“If the pattern instruction does not accurately state the law, the court may instruct the jury pursuant to a nonpattern instruction.” Id. ¶ 30 Here, Jon’s cause of action was retaliatory discharge.

2013“If the pattern instruction does not accurately state the law, the court may instruct the jury pursuant to a nonpattern instruction.” Id.

2008Even if Illinois judges believe they could do a better job than the committee, they should still use the pattern instruction, unless it is not an accurate statement of the law in Illinois. 210 Ill. 2d R. 451(a); Torres v. Irving Press, Inc., 303 Ill.

2008Even if trial judges believe they could do a better job than the committee, they should still use the pattern instruction, unless it is not an accurate statement of the law. 177 Ill. 2d R. 239(a); Torres v. Irving Press, Inc., 303 Ill.

2015Lowry, 354 Ill.

2015Lowry, 354 Ill.

2004App. 3d 278, 290 (2004), citing People v. Nutall, 312 Ill.

2004People v. Nutall, 312 Ill.

2019Studt, 2011 IL 108182, ¶ 14 . ¶ 25 The pattern jury instructions which were provided to the jury in the instant case have -8- 1-18-1835 been found to have “fairly, fully, and comprehensively informed the jury concerning the legal principles” relevant to a plaintiff’s burden of proof and the elements of a retaliatory discharge claim under the Act.

2014Studt, 2011 IL 108182, ¶ 28 (quoting Heastie, 226 Ill. 2d at 543 ).

2023His instruction omitted the fourth listed - 35 - No. 1-20-0091 factor, level of certainty, and added three new factors: (1) “The stress of the event itself;” (2) “The use and presence of a weapon;” and (3) “Exposure to post-event information.” ¶ 123 “The function of jury instructions is to convey to the jury the law that applies to the evidence presented.” People v. Herron, 215 Ill. 2d 167, 187 (2005).

2015People v. Herron, 215 Ill. 2d 167, 184 (2005); see also People v. Hillier, 237 Ill. 2d 539, 545 (2010). ¶ 72 In considering Joshua’s argument that giving the pattern instruction constituted error, we remain mindful that “Supreme Court Rule 451(a) requires that in a criminal case, if the court determines the jury should be instructed on a subject, and the Illinois Pattern Jury Instruction (IPI), Criminal, contains an applicable instruction, then the IPI instruction ‘shall’ be given unless the court determines it does not accurately state the law.” People v. Hopp, 209 Ill. 2d 1, 7 (2004).

2001People v. Buss, 187 Ill. 2d 144, 232-33 (1999); People v. Gilliam, 172 Ill. 2d 484, 519 (1996).

2001People v. Buss, 187 Ill.2d 144, 232-33 , 240 Ill.Dec. 520 , 718 N.E.2d 1 (1999); People v. Gilliam, 172 Ill.2d 484, 519 , 218 Ill.Dec. 884 , 670 N.E.2d 606 (1996).

2021Illinois courts have “consistently affirmed refusals of similar proffered nonstandard [lost-chance] instructions because IPI Civil 3d No. 15.01 properly states the law in lost chance medical malpractice cases.” See Cetera v. DiFilippo, 404 Ill.

2021Illinois courts have “consistently affirmed refusals of similar proffered nonstandard [lost-chance] instructions because IPI Civil 3d No. 15.01 properly states the law in lost chance medical malpractice cases.” See Cetera v. DiFilippo, 404 Ill.

2018The mere fact that an injury occurred does not necessarily mean that the injury was caused by negligence.” (Internal quotation marks omitted.) CSX Transportation, 564 U.S. at 690 . ¶ 31 In holding the instruction was proper, the Supreme Court observed that FELA’s language on causation “ ‘is as broad as could be framed.’ ” CSX Transportation, 564 U.S. at 691 -92 (quoting Urie v. Thompson, 337 U.S. 163, 181 (1949)).

2017The mere fact that an injury occurred does not necessarily mean that the injury was caused by negligence.” (Internal quotation marks omitted.) CSX Transportation, 564 U.S. at 690 . ¶ 31 In holding the instruction was proper, the Supreme Court observed that FELA’s language on causation “ ‘is as broad as could be framed.’ ” CSX Transportation, 564 U.S. at 691 -92 (quoting Urie v. Thompson, 337 U.S. 163, 181 (1949)).

2014People v. Childs, 159 Ill. 2d 217, 228-29 (1994) (failing to respond to question asked by jury, or responding in a way that fails to answer the question, may be as prejudicial as a response that is inaccurate, misleading, or likely to direct a verdict one way or another). ¶ 24 In so finding, we reject the State's argument that because the trial court instructed the jury on the elements of the offense of possession of a firearm by repeating the statutory language defining the offense contained in section 24-5(b) and also instructed the jury that possession may be actual or constructive, the cou

2014People v. Childs, 159 Ill. 2d 217, 228-29 (1994) (failing to respond to question asked by jury, or responding in a way that fails to answer the question, may be as prejudicial as a response that is inaccurate, misleading, or likely to direct a verdict one way or another). ¶ 24 In so finding, we reject the State’s argument that because the trial court instructed the jury on the elements of the offense of possession of a firearm by repeating the statutory language defining the offense contained in section 24-5(b) and also instructed the jury that possession may be actual or constructive, the cou

2013Furthermore, "[c]ourts carefully scrutinize the pattern requirement to 'forestall RICO's use against isolated or sporadic criminal activity, and to prevent RICO from becoming a surrogate for garden-variety fraud actions properly brought under state law.' " Jennings, 495 F.3d at 472 -73 (quoting Midwest Grinding Co. v. Spitz, 976 F.2d 1016, 1022 (7th Cir. 1992)).

2013Furthermore, “[c]ourts carefully scrutinize the pattern requirement to ‘forestall RICO’s use against isolated or sporadic criminal activity, and to prevent RICO from becoming a surrogate for garden- variety fraud actions properly brought under state law.’ ” Jennings, 495 F.3d at 472 -73 (quoting Midwest Grinding Co. v. Spitz, 976 F.2d 1016, 1022 (7th Cir. 1992)).

2010People v. Lann, 261 Ill.

2010People v. Lann, 261 Ill.

2009See Lawler v. MacDuff, 335 Ill.

2009See Lawler v. MacDuff, 335 Ill.App.3d 144, 149 , 268 Ill.

2024See Simms, 192 Ill. 2d at 375 ; Terrell, 132 Ill. 2d at 210 ; 720 ILCS 5/4-3(b) (West 2020), 720 ILCS 5/4-4, 4-5, 4-6 (West 2020); IPI Criminal No. 11.103.

2002Simms, 192 Ill. 2d at 412 .

2025Generally, a trial court may only deviate from the pattern instruction and format “where necessary to conform to unusual facts or new law.” (Internal quotation marks omitted.) People v. Anderson, 2012 IL App (1st) 103288, ¶ 40 .

2024Accordingly, a trial court may deviate from the pattern instruction and format “ ‘only where necessary to conform to unusual facts or new law.’ ” People v. Anderson, 2012 IL App (1st) 103288, ¶ 40 (quoting People v. Banks, 287 Ill.

2023“That 19 No. 1-21-0987 is, where a pattern instruction does not accurately state the law, Rule 451(a) authorizes the trial court to modify it.” Id. ¶ 57 IPI Criminal No. 3.15 provides as follows: “When you weigh the identification testimony of a witness, you should consider all the facts and circumstances in evidence, including, but not limited to, the following: [1] The opportunity the witness had to view the offender at the time of the offense. [2] The witness’s degree of attention at the time of the offense. [3] The witness’s earlier description of the offender. [4] The level of certainty s

2023People v. Palmer, 162 Ill. 2d 465, 476 (1994) (“In fact, counsel’s strategic choices are virtually unchallengeable.”). ¶ 56 With respect to jury instructions, if there is an applicable pattern instruction on a subject about which the trial court determines the jury should be instructed, “the trial court must use that instruction, unless the court determines that the instruction does not accurately state the law.” People v. Bannister, 232 Ill. 2d 52, 81 (2008) (citing Ill.

2020In contrast, “[a] non-IPI instruction should be given if a pattern instruction does not contain an accurate instruction on the subject the jury should be instructed upon ***.” People v. Sequoia Books, Inc., 160 Ill.

1995App. 3d 189, 199 , 472 N.E.2d 114 .) "A non-IPI instruction should be given if a pattern instruction does not contain an accurate instruction on the subject the jury should be instructed upon ***.” (People v. Sequoia Books, Inc. (1987), 160 Ill.