New Jersey Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
In addition, the following people are disqualified from jury duty: members of the armed forces in active service; elected officials; members of state boards, commissions, and public authorities; public agency heads for all levels of government; and federal and state judges.
The mode of operation doctrine is a powerful weapon available to plaintiffs in NJ personal injury cases. If you have been injured on a commercial premises where a self-service business is located, you may be entitled to bring a claim and rely upon the mode of operation doctrine.
You may request to be excused from jury service you if fall into one of the categories below. You are 75 years of age or older. You will be required to provide your DOB the Jury Management Office. You have served as a juror in the same county within the last three years.
These reforms include encouraging mini-opening statements prior to voir dire, giving jurors copies of jury instructions, providing juror notebooks, allowing jurors to ask questions, and allowing jurors to discuss the evidence among themselves during civil trials.
A breach of fiduciary duty could include: Actions are taken not in the party's best interest. Actions are taken in the fiduciary's own self-interest. A failure to disclose information such as a conflict of interests. Misappropriation of funds.
In what New Jersey officials called a first-of-its-kind reform, the state's courts have begun collecting racial and demographic data on jurors to help align jury panels with the diversity of surrounding communities.
The standard for proving a breach of fiduciary duty varies from jurisdiction to jurisdiction. Typically, a claim for breach of fiduciary duty includes four elements: 1) the existence of a fiduciary duty; 2) a breach of that duty (through an act or omission); 3) damages; and 4) causation.
Changes include using state labor records to generate jury lists, instead of relying primarily on voter information; including questions about a potential juror's gender, race, and ethnicity in qualification questionnaires; and requiring implicit bias training for potential jurors, judges, and court staff.