11.41 ELEMENTS OF CLAIM: DETERMINING FACTOR (42 U.S.C. Civ. 1981)

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Road Rules
• State: Multi-State
• Control #: US-8THCIR-JURY-11-41
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 11.41 ELEMENTS OF CLAIM: DETERMINING FACTOR (42 U.S.C. CIV. 1981) is a legal term used to describe the elements of a claim in a civil court case under Title 42 of the United States Code, Section 1981. The determining factor in a claim under 42 U.S.C. CIV. 1981 is the race, color, or national origin of the plaintiff. It is important to note that this determining factor only applies when the plaintiff is a member of a protected class. The 11.41 ELEMENTS OF CLAIM: DETERMINING FACTOR (42 U.S.C. CIV. 1981) consists of the following elements: 1. Discrimination — The plaintiff must present evidence that the defendant discriminated against them on the basis of their race, color, or national origin. 2. Intentional — The discrimination must be intentional and not merely the result of a neutral policy or practice. 3. Damages — The plaintiff must be able to show that they suffered actual damages as a result of the discrimination. 4. Causation — The plaintiff must be able to show that the discrimination was a substantial and determining factor in causing the damages.

11.41 ELEMENTS OF CLAIM: DETERMINING FACTOR (42 U.S.C. CIV. 1981) is a legal term used to describe the elements of a claim in a civil court case under Title 42 of the United States Code, Section 1981. The determining factor in a claim under 42 U.S.C. CIV. 1981 is the race, color, or national origin of the plaintiff. It is important to note that this determining factor only applies when the plaintiff is a member of a protected class. The 11.41 ELEMENTS OF CLAIM: DETERMINING FACTOR (42 U.S.C. CIV. 1981) consists of the following elements: 1. Discrimination — The plaintiff must present evidence that the defendant discriminated against them on the basis of their race, color, or national origin. 2. Intentional — The discrimination must be intentional and not merely the result of a neutral policy or practice. 3. Damages — The plaintiff must be able to show that they suffered actual damages as a result of the discrimination. 4. Causation — The plaintiff must be able to show that the discrimination was a substantial and determining factor in causing the damages.