It is the province and duty of the trial judge to instruct the jury on the law applicable to the case.1 It is the duty of the trial court to submit all issues, both the causes of action and all defenses, affirmatively to the jury.2 The primary purpose of jury instructions is to define with substantial particularity the factual issues and to instruct the jury clearly as to the principles of law the jurors are to apply in deciding the factual issues involved in the case before it.3 Judges are obligated to give appropriate instructions to a jury as required by the evidence and the law, whether the parties request such instructions4 or not.5
1. Straughter v. State, 247 A.2d 202, 204 (Del. 1968); State v. Keen, 82 A. 600, 601 (Del. Gen. Sess. 1912).
2. Alber v. Wise, 166 A.2d 141, 143 (Del. 1960); Island Express, Inc. v. Frederick, 171 A. 181, 183 (Del. 1934).
3. Manlove v. State, 901 A.2d 1284, 1290 (Del. 2006); Fink v. State, 817 A.2d 781, 789 (Del. 2003); Bullock v. State, 775 A.2d 1043, 1047 (Del. 2001); Zimmerman v. State, 565 A.2d 887, 890 (Del. 1989).
4. Greenplate v. Lowth, 199 A. 659, 662-63 (Del. Super. 1938).
5. Zimmerman v. State, 565 A.2d 887, 891 (Del. 1989).
© 2010 David L. Finger