West Virginia Jury Instruction — 1.5.2 Reasonable Accommodation Claim is a legal instruction provided to juries in West Virginia courts when deliberating on cases related to reasonable accommodation claims. This jury instruction guides juries on how to assess evidence and make decisions based on the applicable laws and regulations surrounding reasonable accommodation claims in the state. Reasonable accommodation claims typically arise under the Americans with Disabilities Act (ADA) and state laws prohibiting discrimination on the basis of disability. These claims involve situations where individuals with disabilities seek modifications or adjustments in their workplace, living accommodations, or other areas to enable them to perform their duties or access services effectively. The West Virginia Jury Instruction — 1.5.2 explains the key elements required for a successful reasonable accommodation claim. It clarifies that in order to establish a claim, the plaintiff must prove the following: 1. Existence of a Disability: The jury must determine whether the plaintiff has a recognized disability as defined by the applicable laws and regulations. 2. Known Disability: The jury needs to establish whether the defendant was aware of the plaintiff's disability or the need for accommodation. 3. Request for Reasonable Accommodation: The instruction emphasizes that the plaintiff must have made a specific request for accommodation to the defendant or employer. 4. Reasonable Accommodation: The jury must consider whether the requested accommodation was reasonable, taking into account factors such as cost, impact on the defendant's operations, and feasibility. 5. Failure to Accommodate: The instruction instructs the jury to determine whether the defendant failed to provide the requested accommodation, thereby discriminating against the plaintiff. This jury instruction serves as a roadmap for juries, outlining the legal principles they must consider when evaluating a reasonable accommodation claim. It ensures that juries have a clear understanding of the requirements and standards they need to apply to reach a fair and just verdict. While there may not be different types of West Virginia Jury Instruction — 1.5.2 Reasonable Accommodation Claim, the instruction itself may be adapted or modified to fit specific cases or legal contexts. However, the core elements mentioned above typically remain constant in reasonable accommodation claim instructions.
West Virginia Jury Instruction - 1.5.2 Reasonable Accommodation Claim
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Jurors for the Northern District of West Virginia are required to: (1) be on call for a period of three months after the first call, (2) be called for juror service no more than five times during the three months of service, except when necessary to complete service in a particular case, (3) to serve, after being sworn ...
(b) A person who is not disqualified for jury service under section eight of this article may be excused from jury service by the court upon a showing of undue hardship, extreme inconvenience, or public necessity, for a period the court deems necessary, at the conclusion of which the person shall reappear for jury ...
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.
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.
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.
May I defer my jury service or be excused from serving? Your age. ... You are not a U.S. citizen. ... You have a medical condition that would impede your jury service. ... You recently served on a jury in state or federal court.
JURY INFORMATION LINE: 434-591-2007 Dress code is business casual; shorts, tank tops, jeans and the like are not appropriate. Weapons, cell phones, laptops, mp3 players, e-readers, and cameras are not allowed in the court room.
You are disqualified from service if you have served as a petit, grand or magistrate court juror within the previous two years; lost the right to vote because of a criminal conviction; or, been convicted of perjury, false swearing, or other serious crime.