Montana Jury Instruction - 2.2.1 First Amendment Claim Prisoner Alleging Denial Of Access To Courts
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It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
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.
Jury Instructions (1) The reprehensibility of the conduct of the defendant. (2) The amount of punitive damages which will have a deterrent effect on the defendant in the light of defendant's financial condition. BAJI §14.71. [Emphasis added.]
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
"Punitive damages" are awarded against a defendant for the purpose of punishing the defendant for its misconduct, or to deter one or both Defendants and others like such defendant from committing such conduct in the future.
Related Practices & Jurisdictions Economic damages include back pay (e.g., lost wages and bonuses), lost benefits, medical expenses, and front pay, among others, and such damages are typically quantifiable. Non-economic damages are usually awarded in the form of emotional distress damages.
Following the closing arguments, the judge ?charges the jury,? or informs them of the appropriate law and of what they must do to reach a verdict.
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.