Faith Progress (plaintiff) vs.

Robert Hermiage (defendant)

Jury Instructions and Verdict Form
The burden is on the plaintiff in a civil action, such as this, to prove every essential element of
his or her claim by a preponderance of the evidence. However, as you will be instructed at the
close of evidence, the defendant may, in some instances, bear the burden to prove certain facts.
Elements of the Case
In the Commonwealth of Virginia, the plaintiff has the burden of proving each of the following
propositions:
FIRST, the Plaintiff, Faith Progress, holds copyright on the video
SECOND, there was a verbal contract between the Defendant and the Plaintiff.
THIRD, the Defendant, Robert Hermiage, is liable for infringing the copyright of the Plaintiff as
well as violating the verbal contract between himself and the Plaintiff.
FOURTH, the Plaintiff suffered monetary and emotional damages as a result of the Defendants
infringement.
FIFTH, the Defendant has profited at the expense of the Plaintiff which is a violation of Unjust
Enrichment.
Definition of Verbal Contract
"In order that there may be an agreement, the parties must have a distinct intention common to
both and without doubt or difference. Until all understand alike, there can be no assent, and,
therefore, no contract. Both parties must assent to the same thing in the same sense, and their
minds must meet as to all the terms. If any portion of the proposed terms is not settled, or no
mode is agreed on by which it may be settled, there is no agreement.(17 C. J. S. 359, 31)
Definition of Unjust Enrichment
A legal principle that if a person receives money or other property unfairly and at the expense of
another -- that is, by chance, mistake, or without any personal effort -- the recipient should return
the
property to the rightful owner. In lawsuits based on unjust enrichment, courts can order that the
property be returned (referred to as making restitution). (law.cornell.edu)
Definition of Damages
Damages shall include the loss of $450,000 corresponding to her loss of income, projected
income, and emotional harm, as well as any profit from the sale of his book.
Definition of Preponderance of the Evidence
In order for you to find in favor of the plaintiff by a preponderance of the evidence, you must be
persuaded, considering all the evidence in the case, that the proposition is probably more likely
true than not. If the proof (evidence) should fail to establish any essential element of the

plaintiff's claim by a preponderance of the evidence, then the plaintiff has failed to carry his
burden of proof by a preponderance of the evidence and you must return a verdict in favor of the
defendant.
LEGAL QUESTIONNAIRE
As to each of the following questions, please answer yes or no:
Element 1: Copyright
1.Did the plaintiff hold copyright ownership of the video? ______
2. Did the Defendant violate the Plaintiffs copyright of the video by posting it online?
________
3. If yes to all of the above, did the plaintiff suffer emotional and/or monetary damages as
a result of the copyright violation? ________
Element 2: Verbal Contract
1. Did the plaintiff and Defendant have a verbal contract to keep the video private?
________
2. Did the Defendant breach the verbal contract by posting the video online? ________
3. If yes to all of the above, did the plaintiff suffer emotional and/or monetary damages as
a result of the Defendants breach of contract? ________
Element 3: Unjust Enrichment
1. Has the Defendant violated the principles of unjust enrichment by publishing Getting
Even With Your Ex? _______
2. If yes to the above, did the plaintiff suffer emotional and/or monetary damages as a
result of the Defendants violation of the principles of unjust enrichment? ________
If you have answered all three questions of Element 1 in the affirmative, in what monetary
amount of damages do you believe the plaintiff is owed due to the defendants violation of
copyright? $________________________________
If you have answered all three questions of Element 2 in the affirmative, in what monetary
amount of damages do you believe the plaintiff is owed due to the defendants defendants
breach of verbal agreement? $________________________________
If you have answered all both questions of Element 3 in the affirmative, in what monetary
amount of damages do you believe the plaintiff is owed due to the defendants violation of

unjust enrichment $________________________________

Please sum the three lines above to determine the total amount owed.
$________________________________
ETHICAL QUESTIONNAIRE
As to each of the following questions, please answer yes or no:
Was it ethically acceptable for Robert to publish his book, Getting Even With Your Ex?
______
Was it ethically acceptable for Robert to profit from the publication of the book? ______
Was it ethically acceptable for Robert to post the video online? ______
Please choose the majority answer (yes or no) from the following three questions.
If yes, please direct your ethical verdict in favor of the Defendant.
If no, please direct your ethical verdict in favor of the Plaintiff.
VERDICT
We, the jury, in the above entitled action, find for the PLAINTIFF / DEFENDANT on the legal
question.
We, the jury, in the above entitled action, find for the PLAINTIFF / DEFENDANT on the ethical
question.

Jury Members: ___________________________ _________________________________

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