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Your verdict must be based solely on the 
evidence, or lack of evidence, and the law. The 
information is not evidence, and it is not to be 
considered by you as any proof of guilt. It is the 
judge’s responsibility to decide laws apply to this case, 
and then explain those laws to you. It’s your 
responsibility to decide what the facts of the case may 
be, and then apply the law to those facts. Thus, the 
province of the jury and the province of the Court are 
well defined. They do not overlap. This is one of the 
fundamental principles of our system of justice. Before 
proceeding further it will be helpful for you to 
understand how a trial is conducted.
 
At the beginning of the trial the 
attorneys have an opportunity, if they want to, to make 
an opening statement. The opening statement gives the 
attorneys a chance to tell you what evidence they believe 
will be presented during this trial. What the lawyers 
say is not evidence. And you are not to consider it as 
such. Following the opening statements witnesses will be 
called to testify under oath. They will be examined and 
cross examined by the attorneys. Documents and other 
exhibits may also be produced as evidence. After the 
evidence has been presented the attorneys will then have 
an opportunity to make their final or closing argument.