South Carolina Jury Instruction — 1.1 Duty to Mitigate in General In South Carolina, the jury is responsible for considering the duty to mitigate in general when determining damages in a civil case. The duty to mitigate refers to the legal obligation of a plaintiff to take reasonable steps to minimize their losses or damages resulting from the defendant's actions. When presenting this jury instruction, the following relevant keywords can be emphasized: 1. Duty to mitigate: The South Carolina jury instruction — 1.1 highlights the obligation of the plaintiff to mitigate their damages. Mitigation refers to the efforts made by the injured party to limit or reduce their losses to a reasonable extent. Plaintiffs must take reasonable actions to avoid exacerbating their damages. 2. Reasonable steps: The jury instruction emphasizes that the plaintiff must take reasonable steps to mitigate their damages. The reasonableness of the actions taken by the plaintiff is crucial in determining whether they have fulfilled their duty to mitigate. The jury should assess whether the plaintiff acted reasonably given the circumstances of the case. 3. Minimize losses: The instruction emphasizes that the duty to mitigate aims to minimize the losses suffered by the plaintiff. This means that the plaintiff should not engage in actions that could increase their damages or prolong their recovery process. Types of South Carolina Jury Instruction — 1.1 Duty to Mitigate in General: While there might not be different types of South Carolina Jury Instruction — 1.1 Duty to Mitigate in General, it is important to note that this instruction can be customized based on the specific circumstances of the case at hand. The instruction can be tailored to the nature of the damages claimed, the type of injury suffered, or the specific obligations of the plaintiff. Examples of tailored instructions could include: 1. Duty to mitigate in employment disputes: If the case involves an employment dispute, the instruction might focus on the plaintiff's duty to mitigate by seeking alternative employment or accepting reasonable job offers. 2. Duty to mitigate in personal injury cases: In personal injury cases, the instruction might emphasize the plaintiff's duty to seek medical treatment, follow prescribed treatment plans, and avoid actions that may worsen their condition. 3. Duty to mitigate in contractual disputes: In cases involving breach of contract, the instruction could highlight the plaintiff's obligation to take reasonable steps to mitigate their damages, such as seeking alternative suppliers or minimizing losses through substitute arrangements. Overall, the South Carolina Jury Instruction — 1.1 Duty to Mitigate in General guides the jury in determining whether the plaintiff has reasonably fulfilled their duty to mitigate damages. By considering this instruction, the jury ensures a fair and just assessment of damages in civil cases across various contexts.
South Carolina Jury Instruction - 1.1 Duty To Mitigate In General
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Persons 65 years of age or older who wish to be excused. The primary caretaker of a disabled person or a person age 65 or older who cannot care for himself. Persons with legal custody and duty of care of a child under the age of seven and who cannot provide adequate childcare while serving as a juror.
South Carolina's thirteenth juror doctrine is so named because it entitles the trial judge to sit, in essence, as the thirteenth juror when he finds "the evidence does not justify the verdict," and then to grant a new trial based solely "upon the facts." Id.
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.
Site Map Persons 65 years of age or older who wish to be excused. The primary caretaker of a disabled person or a person age 65 or older who cannot care for himself. Persons with legal custody and duty of care of a child under the age of seven and who cannot provide adequate childcare while serving as a juror.
Types and Terms of Service All juries are drawn on the first day you report. If you are not selected, your jury service will be over that day. If selected, a juror serves an average of three to five days during a term of court. Grand Jurors convene monthly for one to three days during the 12-18 month term of service.
Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.
Juror Disqualification Criteria You cannot read, write, speak, or understand English. You have less than a 6th grade education. You have a mental/physical condition that prevents you from serving. You are a convicted felon.
Disqualifiers For South Carolina Jury Duty: Persons having active care and custody of a child or children under 10 years of age whose health and/or safety would be jeopardized by their absence for jury service; or a person who is essential to the care of aged or infirm persons.