Substrate Record: qid 1645

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qid 1645 · law

Question: Before the close of evidence in a federal negligence trial, the defendant submitted a proposed jury instruction on contributory negligence. Before instructing the jury, the judge informed the parties of the instructions she would give, which did not include the defendant's contributory negligence instruction or any instruction on contributory negligence. Neither party objected, either then or after the judge had given the instructions. The jury after the judge had given the instructions. The jury returned a verdict for the plaintiff, and the judge entered judgment on the verdict. The defendant would like to appeal the verdict on the ground that the judge should have instructed the jury on contributory negligence. Has the defendant preserved the issue for appeal?

1. Yes, because the judge's failure to give the defendant's contributory negligence instruction amounted to a ruling on the instruction.
2. Yes, because the defendant's proposed instruction was a valid point of appeal.
3. No, because the defendant did not raise the issue of contributory negligence during the trial.
4. Yes, because the defendant submitted a proposed instruction on contributory negligence.
5. No, because the defendant did not reiterate the need for the instruction after it was not included.
6. Yes, because the judge did not give an instruction on contributory negligence.
7. Yes, because the defendant's proposed instruction was ignored by the judge.
8. No, because the defendant failed to object after the judge informed the parties of the instructions she would give.

Our answer: H. No, because the defendant failed to object after the judge informed the parties of the instructions she would give. Source quote machine-checked (exact quote)

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