Vermont Jury Instruction - Tax Evasion - General Charge

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

A juror who does not appear after being summoned, and does not submit an excuse satisfactory to the court in which the juror was summoned to appear, shall be assessed a civil penalty by the presiding judge of not more than $200.00.

Jurors are paid an attendance fee of $50 and 65.5 cents per mile (round-trip from home) for each day of service. Jurors who are Federal employees are paid for their mileage and parking fees only, except when serving on their day off.

You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.

Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.

To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious, which are adjectives adopted by McIntyre J., writing for the majority in Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R.

Punitive damages are not designed to compensate the plaintiff, but to deter others from engaging in similar wrongful behavior. While the plaintiff will receive the monetary award, the primary purpose of punitive damages is to punish the defendant.

The degree of injury sustained by the victim is of little consequence in the assessment of punitive damages. The award arises from intentional conduct which disregards the legal rights of the plaintiff in a malicious or outrageous manner.

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Vermont Jury Instruction - Tax Evasion - General Charge