Tennessee Jury Instruction — 1.2 With Counterclaim By Defendant is a legal instruction provided to the jury in a civil case where the defendant asserts a counterclaim against the plaintiff. This instruction guides the jury on how to consider the defendant's claims and evaluate them separately from the plaintiff's original claim. Here is a detailed description of what this instruction entails along with relevant keywords: Keywords: Tennessee jury instruction, counterclaim, defendant, civil case, legal instruction Description: In a civil case, the defendant may file a counterclaim against the plaintiff, alleging that the plaintiff is also responsible for some wrongdoing or injury. Tennessee Jury Instruction — 1.2 With Counterclaim By Defendant provides guidance to the jury on how to approach this situation and fairly evaluate both the plaintiff's claim and the defendant's counterclaim. The purpose of this instruction is to ensure that the jury understands that there are two separate claims before them — the plaintiff's original claim and the defendant's counterclaim. It emphasizes that the jury must evaluate each claim independently and reach separate verdicts for each. The instruction usually covers the following key points: 1. Explanation of the counterclaim: The jury is informed that the defendant has filed a counterclaim against the plaintiff, stating the reasons for their belief that the plaintiff should also be held responsible or liable. 2. Independent evaluation: The jury is instructed to treat the counterclaim as a separate and independent claim. They must consider the evidence, arguments, and testimony presented concerning the counterclaim, just as they would for the plaintiff's original claim. 3. Instructions for evaluating the counterclaim: The instruction may provide specific guidelines on how the jury should assess the defendant's counterclaim. This may include instructions on burden of proof, preponderance of evidence, or any relevant legal standards that apply to the specific case. It is important for the jury to understand that their evaluation of the plaintiff's original claim and the defendant's counterclaim should not show any bias or prejudice towards either party. They must carefully consider the evidence and make an impartial decision based on the merits of each claim. Different types of Tennessee Jury Instruction — 1.2 With Counterclaim By Defendant may exist depending on the nature of the case and the specific legal issues involved. Some cases may involve multiple counterclaims by the defendant against different parties, while others may focus on a single counterclaim against the plaintiff. The specific circumstances would determine the variations in this type of jury instruction. Ultimately, the purpose of Tennessee Jury Instruction — 1.2 With Counterclaim By Defendant is to provide the jury with clear guidance on how to approach and evaluate a counterclaim in a civil case, allowing them to make a fair and informed decision.