West Virginia Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue Keyword: West Virginia Jury Instruction Description: West Virginia Jury Instruction — 7.2 deals with the duty of jurors to deliberate and reach a decision when both the plaintiff and the defendant claim damages or when damages are not an issue in a legal case. This instruction guides the jury on their responsibility to carefully consider the evidence and arguments presented by both parties before reaching a verdict. While the duty to deliberate is crucial in any jury trial, this particular instruction focuses on cases where both the plaintiff and the defendant are claiming damages or when the issue of damages is not contested. In such situations, the jury must objectively evaluate the evidence and arguments presented to determine whether damages should be awarded and, if so, the amount of compensation to be granted. There may be different types or variations of West Virginia Jury Instruction — 7.2, depending on the specific circumstances of the case. Some possible variations of this instruction could include: 1. West Virginia Jury Instruction — 7.2(a): Duty To Deliberate When Both Plaintiff and Defendant Claim Damages — This instruction would apply in cases where both parties are seeking damages from each other. It would outline the jury's duty to consider the claims presented by both sides and assess the credibility of the evidence before making a decision. 2. West Virginia Jury Instruction — 7.2(b): Duty To Deliberate When Damages Are Not an Issue — This instruction would be relevant in cases where the issue of damages is not disputed. It would instruct the jury to focus solely on determining liability and any other relevant issues brought forth in the trial. In both scenarios, the West Virginia Jury Instruction — 7.2 emphasizes the importance of careful deliberation and unbiased consideration of the evidence presented by both parties. The instruction serves to remind the jury of their duty to reach a fair and just verdict based on the facts and law applicable to the case.
West Virginia Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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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.
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.
In contract law, duress is used as a form of defense to a crime where the defendant uses threats to force the plaintiff to commit a crime that is against their wishes. A party who is forced into an act or contract under duress can rescind the contract, rendering it null and void.
1 Introduction. Duress is an excuse-based defence[1] that is closely related to necessity. Simply put, it can excuse a criminal offence that the accused has committed in response to a threat of death or bodily harm from another person.
Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
Primary tabs. Duress refers to a situation where one person makes unlawful threats or otherwise engages in coercive behavior that causes another person to commit acts that they would otherwise not commit.
Three primary types of duress include physical duress (physical harm threats), economic duress (financial threats), and psychological duress (manipulation, deceit, or emotional pressure).
The defendant must prove [duress] [coercion] [compulsion] by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.