The Hawaii Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue explains the responsibilities of the jury in cases where both the plaintiff and defendant are claiming damages, or when damages are not in question. Here are some detailed aspects and possible variations of this jury instruction: — Duty to Deliberate: The primary duty of the jury is to deliberate and come to a fair and just verdict based on the evidence presented during the trial. They must carefully review the facts, law, and instructions provided by the judge. — Both Plaintiff and Defendant Claim Damages: In cases where both the plaintiff and defendant are claiming damages, the jury must consider the extent of the damages claimed by each party. They should evaluate the evidence, testimony, and expert opinions to determine the credibility and validity of the damages sought. — Assessment of Damages: The jury should assess the damages claimed by both the plaintiff and defendant separately. They need to consider factors such as medical expenses, property damage, loss of income, pain and suffering, emotional distress, and any other relevant factors that may impact the calculation of damages. — Comparative Fault or Contributory Negligence: If the case involves comparative fault or contributory negligence, the jury should also assess the degree of fault and allocate responsibility between the plaintiff and defendant. This evaluation might impact the amount of damages awarded to each party. — Damages Not an Issue: In some cases, damages may not be an issue, and their determination might not be necessary for the resolution of the case. The jury should be instructed accordingly to focus on other aspects of the case, such as liability or other disputed claims. Possible variations of Hawaii Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue may include distinctions based on specific types of cases: 1. Personal Injury Cases: This variation would provide more detailed instructions on assessing specific types of damages in personal injury cases, such as medical expenses, future treatment needs, permanent disability, loss of enjoyment of life, and pain and suffering. 2. Property Damage Cases: This variation would focus on assessing property damages claimed by both parties. It may instruct the jury on evaluating repair costs, replacement value, diminution in value, loss of use, and any expenses associated with the restoration of damaged property. 3. Commercial Disputes: For cases involving commercial disputes, this variation would emphasize the assessment of financial damages, such as loss of profits, breach of contract costs, business interruption losses, and any other measurable economic harm suffered by either party. 4. Emotional Distress Cases: If emotional distress claims are involved, this variation would guide the jury on evaluating the credibility and impact of emotional damages. It could provide instructions on the factors to consider, such as duration, severity, interference with daily life, and the reasonable compensation for such distress. These are hypothetical variations that may exist in certain cases, but it's important to consult the specific Hawaii jury instructions for accurate details and to ensure relevancy to the specific case at hand.
The Hawaii Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue explains the responsibilities of the jury in cases where both the plaintiff and defendant are claiming damages, or when damages are not in question. Here are some detailed aspects and possible variations of this jury instruction: — Duty to Deliberate: The primary duty of the jury is to deliberate and come to a fair and just verdict based on the evidence presented during the trial. They must carefully review the facts, law, and instructions provided by the judge. — Both Plaintiff and Defendant Claim Damages: In cases where both the plaintiff and defendant are claiming damages, the jury must consider the extent of the damages claimed by each party. They should evaluate the evidence, testimony, and expert opinions to determine the credibility and validity of the damages sought. — Assessment of Damages: The jury should assess the damages claimed by both the plaintiff and defendant separately. They need to consider factors such as medical expenses, property damage, loss of income, pain and suffering, emotional distress, and any other relevant factors that may impact the calculation of damages. — Comparative Fault or Contributory Negligence: If the case involves comparative fault or contributory negligence, the jury should also assess the degree of fault and allocate responsibility between the plaintiff and defendant. This evaluation might impact the amount of damages awarded to each party. — Damages Not an Issue: In some cases, damages may not be an issue, and their determination might not be necessary for the resolution of the case. The jury should be instructed accordingly to focus on other aspects of the case, such as liability or other disputed claims. Possible variations of Hawaii Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue may include distinctions based on specific types of cases: 1. Personal Injury Cases: This variation would provide more detailed instructions on assessing specific types of damages in personal injury cases, such as medical expenses, future treatment needs, permanent disability, loss of enjoyment of life, and pain and suffering. 2. Property Damage Cases: This variation would focus on assessing property damages claimed by both parties. It may instruct the jury on evaluating repair costs, replacement value, diminution in value, loss of use, and any expenses associated with the restoration of damaged property. 3. Commercial Disputes: For cases involving commercial disputes, this variation would emphasize the assessment of financial damages, such as loss of profits, breach of contract costs, business interruption losses, and any other measurable economic harm suffered by either party. 4. Emotional Distress Cases: If emotional distress claims are involved, this variation would guide the jury on evaluating the credibility and impact of emotional damages. It could provide instructions on the factors to consider, such as duration, severity, interference with daily life, and the reasonable compensation for such distress. These are hypothetical variations that may exist in certain cases, but it's important to consult the specific Hawaii jury instructions for accurate details and to ensure relevancy to the specific case at hand.
