Keyword: Massachusetts Jury Instruction — 2.1 Punitive Damages In General The Massachusetts Jury Instruction 2.1 on punitive damages provides guidance to jurors on the principles and considerations involved in awarding punitive damages in civil cases. Punitive damages are a form of compensation that goes beyond simply compensating the plaintiff for their actual losses. They are designed to punish the defendant for their egregious conduct and deter others from engaging in similar behavior. The purpose of this instruction is to educate the jurors about the role and significance of punitive damages and to ensure that they have a clear understanding of the legal standards and factors that should guide their decision-making process. It is essential for the jurors to follow these instructions carefully to arrive at a fair and just verdict. The Massachusetts Jury Instruction 2.1 on punitive damages covers several key aspects, including: 1. Definition: The instruction provides a clear definition of punitive damages, explaining that they are intended to punish the defendant beyond compensatory damages and serve as a deterrent to others. 2. Prerequisites: The instruction outlines the prerequisites for awarding punitive damages. It emphasizes that the defendant's conduct must be shown to be willful, wanton, reckless, or malicious. Mere negligence or accidental harm does not warrant punitive damages. 3. Factors: Jurors are informed about the factors they should consider when determining whether punitive damages are appropriate. These factors typically include the severity and reprehensibility of the defendant's conduct, whether the defendant has a history of similar misconduct, the defendant's financial resources, and the potential impact of the damages on the defendant's conduct and others' behavior. 4. Burden of Proof: The instruction clarifies the burden of proof placed upon the plaintiff. They must establish, by the greater weight of the evidence, that punitive damages are warranted based on the defendant's willful, wanton, reckless, or malicious conduct. It is important to note that while this description covers the general requirements and considerations related to Massachusetts Jury Instruction 2.1 on punitive damages, there may be specific variations or additional instructions that apply in certain cases or jurisdictions. Jurors should rely on the instructions provided by the presiding judge regarding the specific elements and requirements for punitive damages in a given case. Note: It is not mentioned whether there are different types of Massachusetts Jury Instruction — 2.1 Punitive Damages in General.
Massachusetts Jury Instruction - 2.1 Punitive Damages In General
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When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Clear and convincing evidence is something more than a preponderance of the evidence, it is evidence that leaves you with a firm conviction that the claim is true.
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable. States vary with regard to which standard of proof they require.
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
To recover upon a claim of intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant intended to inflict emotional distress or knew or should have known that emotional distress would likely result from his conduct; (2) the defendant's conduct was extreme and outrageous, was beyond all ...