The jury charge.
Perhaps no other single component of trial practice presents
such a significant disconnect between how litigators talk about it
and how they treat it in practice.
The jury charge is the combination of the court's
explanation to the jury of the law governing the case or the
court's identification and the factual questions the jurors
must answer to render a verdict. Given that, most trial lawyers
understand, at an intellectual level at least, how important the
jury charge is. Indeed, because winning on the underlying law and
on the questions posed to the jury often means winning the trial,
few litigators would dispute that the jury charge matters. A
lot.
And yet. . .