North Dakota Jury Instruction — 3.3 Breach of Fiduciary Duty: In North Dakota, the jury instruction — 3.3 Breach of Fiduciary Duty, refers to a legal concept that holds individuals in positions of trust accountable for any act or omission that violates their fiduciary duty towards another party. A fiduciary duty is a legal obligation to act in the best interest of another person or entity, putting their interests before one's own. This jury instruction is crucial in cases where a breach of fiduciary duty has allegedly occurred, and it provides guidance to the jury on how to assess the evidence and make a determination. The instruction outlines the elements and standards of proof necessary to establish a breach of fiduciary duty claim. Some relevant keywords associated with North Dakota Jury Instruction — 3.3 Breach of Fiduciary Duty include: 1. Fiduciary Duty: This term refers to the legal obligation one has to act in the best interest of another party, often arising in professional relationships such as attorneys, trustees, executives, agents, or employees. 2. Breach: A breach occurs when a fiduciary fails to fulfill their obligations or acts contrary to their fiduciary duty. It implies a violation of trust and can result in legal consequences. 3. Elements of Breach of Fiduciary Duty: These are the specific conditions that must be proven to establish a breach of fiduciary duty claim. Common elements include the existence of a fiduciary relationship, the breach of that duty, and resulting damages. 4. Standards of Proof: Refers to the level of evidence required to establish or disprove a claim. In the context of a breach of fiduciary duty, typically, the standard of proof is the preponderance of the evidence, meaning that the evidence must be more convincing than not. Types of North Dakota Jury Instruction — 3.3 Breach of Fiduciary Duty (if applicable): While the specific jury instruction in North Dakota may not have different "types" itself, there may be variations in how the instruction is presented depending on the specific context or case details. Some variations could include: 1. Breach of Fiduciary Duty in a Business Context 2. Breach of Fiduciary Duty in a Trustee Relationship 3. Breach of Fiduciary Duty in an Attorney-Client Relationship 4. Breach of Fiduciary Duty in an Employee-Employer Relationship These variations may arise due to the different types of fiduciary relationships recognized by North Dakota law and the unique aspects of each relationship that could influence the jury's considerations.