South Dakota Jury Instruction 1.1 "Duty To Mitigate In General" is a crucial instruction given by the court to jurors during a trial in South Dakota. This instruction emphasizes the legal duty of a plaintiff to take reasonable steps to minimize their damages or losses resulting from the defendant's actions or negligence. It guides the jurors in assessing the plaintiff's conduct in mitigating their damages and determining a fair and just compensation award. The duty to mitigate is a fundamental principle of South Dakota civil law that applies to various types of cases, such as personal injury, breach of contract, employment disputes, property damage, and more. It ensures that plaintiffs do not unnecessarily exacerbate their losses and that defendants are held accountable only for damages that the plaintiff could not reasonably avoid or mitigate. The instruction reminds jurors that while the defendant is responsible for the harm caused, the plaintiff has an obligation to make reasonable efforts to minimize the impact of that harm. This may include seeking medical treatment promptly, taking appropriate steps to repair or replace damaged property, seeking alternative employment opportunities, or pursuing other reasonable actions to alleviate the consequences of the defendant's actions. Different types of South Dakota Jury Instruction 1.1 "Duty To Mitigate In General" may exist to cater to specific cases or circumstances. For example, in personal injury cases, the instruction could address the duty to mitigate medical expenses, lost wages, or pain and suffering. In contract disputes, it may involve the duty to mitigate financial losses by attempting to find alternative sources of income or minimize expenses. By instructing jurors on the duty to mitigate, the court encourages fair and equitable outcomes, ensuring that plaintiffs fulfill their legal obligations while also preventing unjust enrichment. Jurors are instructed to consider whether the plaintiff has taken reasonable steps to mitigate their damages and adjust the compensation accordingly. Failure to mitigate damages, when reasonable steps could have been taken, may lead to a reduction in the amount awarded to the plaintiff. In summary, South Dakota Jury Instruction 1.1 "Duty To Mitigate In General" is a vital component of the state's civil law system. It clarifies and upholds a plaintiff's responsibility to minimize their damages reasonably. By considering the duty to mitigate, jurors help promote fairness and justice in determining appropriate compensation in various types of cases.
South Dakota Jury Instruction - 1.1 Duty To Mitigate In General
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(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
In other to qualify for the position of a Jury in US courts you must primarily be a United states of America citizen and also be of Legal age i.e 18 years then other qualifications that you must have as a Jury includes : having a good mental health, been proficient in English and Never been convicted of a felony this ...
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.
In the State of South Dakota, jurors are selected randomly from a list which combines names from the list of registered voters and the list of South Dakota licensed drivers over the age of eighteen (18) who are residents of the county.
19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.
If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined ...