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Rule 51 governs instructions to the trial jury on the law that governs the verdict. A variety of other instructions cannot practicably be brought within Rule 51. Among these instructions are preliminary instructions to a venire, and cautionary or limiting instructions delivered in immediate response to events at trial.
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...
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.
The only category that Florida limits (or caps) is punitive damages. A plaintiff can only receive up to three times the amount they receive for compensatory damages (economic and non-economic damages combined). Anything above is capped by law.
Under existing law, a defendant against whom punitive damages already have been awarded is free to place such evidence before a jury, and a jury can decide whether further punitive damages are warranted.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
Punitive damages are also called ?exemplary damages,? which are damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Examples would medical malpractice cases or product liability cases.
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 ...