Mississippi Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue is a crucial instruction given to the members of a jury in a civil trial in Mississippi. This instruction guides the jurors on their responsibility to deliberate and reach a fair and just decision when both the plaintiff and defendant claim damages or when damages are not at issue in the case. During a civil trial, when both the plaintiff and defendant are claiming damages, it is imperative that the jury comprehends their duty to carefully consider the evidence presented by both parties and make a well-informed decision. In such cases, the jury must evaluate the credibility and validity of each party's claim for damages and weigh the evidence supporting those claims. Additionally, this jury instruction is also applicable when damages are not in dispute between the parties. In these instances, once the jury has determined the liability of the defendant, their duty remains to thoroughly deliberate on other contested issues within the trial, such as liability apportionment or causation, even though damages may not require further examination. Mississippi Jury Instruction — 7.2 emphasizes the importance of the jury's duty to impartially deliberate and consider all relevant evidence presented during the trial. The instruction stresses the need for the jurors to approach their deliberations with an open mind, free from any preconceived biases or favoritism. Different variations or types of Mississippi Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue may include: 1. Instruction 7.2A: Duty To Deliberate When Both Plaintiff and Defendant Claim Damages — Clarifying the specific responsibilities of the jury when both the plaintiff and defendant assert damages in their claims. 2. Instruction 7.2B: Duty To Deliberate When Damages Are Not an Issue — Providing guidance on the jury's obligation to deliberate on other contested aspects of the case when damages are not in dispute, ensuring a thorough analysis is conducted. In summary, Mississippi Jury Instruction — 7.2 stresses the obligation of the jury to deliberate diligently and objectively when both the plaintiff and defendant claim damages or when damages are not an issue, in order to arrive at a fair and just verdict.
Mississippi Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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Yes. Every juror must agree on the verdict. This is known as a unanimous verdict. If the jury cannot agree, then the judge must declare a mistrial.
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
The law requires twelve (12) jurors to be seated in a criminal case, only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a litigant ?guilty? or ?not guilty? by unanimous vote. In civil cases the law requires a vote of at least three-fourths of the jury to reach a verdict.
Although the singer Meatloaf has said that ?two out of three ain't bad,? under Wisconsin law, five-sixths of the jurors (10 out of 12 jurors on a 12-person jury)1 must agree on all issues necessary to support a judgment in a civil case.
They shall take the oath required of jurors, and hear and determine the issue, and any two concurring shall render a verdict in like manner and with like effect as a jury of seven.
In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.