West Virginia Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a specific legal instruction provided to juries in West Virginia civil court cases relating to employment discrimination. This instruction addresses situations where an employee alleges that they were terminated or not promoted based on their race and/or sex. The purpose of West Virginia Jury Instruction — 1.2.1 is to guide the jury in understanding the legal framework surrounding race and/or sex discrimination claims in the context of termination or failure to promote. It aims to ensure that the jury is well-informed and able to make an unbiased decision based on the evidence presented during the trial. This particular jury instruction focuses on the "Same Decision Defense" aspect of the case. The Same Decision Defense argues that the employer's decision to discharge or not promote the employee was not based on their race and/or sex, but rather on legitimate non-discriminatory reasons. The instruction lays out the elements the plaintiff (the employee) must prove for their claim to be successful, as well as the elements the defendant (the employer) must prove to establish their Same Decision Defense. These are the key points covered by West Virginia Jury Instruction — 1.2.1: 1. Claim of discrimination: The instruction first explains that the plaintiff must prove by a preponderance of the evidence that they were discharged or not promoted based on their race and/or sex. 2. Elements of the claim: It then outlines the specific elements the plaintiff must prove, which may include demonstrating that they belong to a protected class, that they were qualified for the position, that they suffered an adverse employment action, and that the action was motivated by discrimination. 3. Same Decision Defense: The instruction then states that the defendant may try to establish the Same Decision Defense, which requires providing evidence that the decision was based on legitimate non-discriminatory reasons. The burden of proof shifts to the defendant in this case. 4. Burden of proof: The instruction explains that the plaintiff still bears the ultimate burden of proving their claim by a preponderance of the evidence, even when the Same Decision Defense is raised. It's important to note that the specific content and name of this jury instruction may vary in different jurisdictions, as each state has its own set of instructions and legal standards.
West Virginia Jury Instruction - 1.2.1 Race And Or Sex Discrimination Discharge - Failure To Promote Including - Same Decision Defense
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FAQ
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
The Model Jury Instruction Committee is comprised of outstanding and experienced Virginia judges, practicing attorneys, and law professors who devote substantial time in the maintenance of this essential litigation resource.
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
Yes. Every juror must agree on the verdict. This is known as a unanimous verdict. If the jury cannot agree, then the judge must declare a mistrial.
Ing to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable.
They shall take the oath required of jurors, and hear and determine the issue, and any two concurring shall render a verdict in like manner and with like effect as a jury of seven.