Contra Costa California Jury Instruction — 3.3 Breach of Fiduciary Duty is a crucial legal instruction provided to the jury in civil cases involving allegations of a breach of fiduciary duty in Contra Costa County, California. When a fiduciary, someone entrusted with a legal duty to act in the best interests of another party, fails to fulfill this duty, they may be held liable for breaching their fiduciary obligations. This jury instruction is intended to guide the jury in understanding the elements of a breach of fiduciary duty claim, the burden of proof required, and the factors they should consider in evaluating the alleged breach. Some relevant keywords to highlight in this context are: 1. Contra Costa County: This instruction specifically applies to civil cases occurring within Contra Costa County, California. It is important to note that jury instructions can vary between counties and jurisdictions. 2. Fiduciary Duty: The instruction addresses breaches of fiduciary duties, which are legal obligations typically held by professionals or individuals in positions of trust, such as attorneys, trustees, corporate directors, or agents managing someone else's affairs. 3. Breach: A breach refers to the violation or failure to fulfill the fiduciary duty owed to another party. It implies that the fiduciary has acted negligently, fraudulently, or breached the standard of care expected of them. Specific types of Contra Costa California Jury Instruction — 3.3 Breach of Fiduciary Duty may include: 1. Breach of Fiduciary Duty by an Attorney: This pertains to cases where an attorney breaches their fiduciary duty towards their client, such as failing to keep the client's information confidential, self-dealing, or acting against the client's best interests. 2. Breach of Fiduciary Duty by a Corporate Director: This focuses on cases involving corporate directors who fail to act in the best interests of the company or its shareholders, engaging in self-dealing, misappropriation of corporate assets, or conflict of interest. 3. Breach of Fiduciary Duty by a Trustee: Trustee-related cases concern the mismanagement of trust assets, failure to provide accurate accounting, conflicts of interest, or breaching the terms of the trust agreement. These are just a few potential types of breach of fiduciary duty cases that may invoke the specific Contra Costa California Jury Instruction — 3.3. It's important to consult the most up-to-date, jurisdiction-specific instructions when dealing with legal matters, as they may change over time.
Contra Costa California Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
You may postpone your jury service two times within one year from your initial report date. You may request postponement of your jury service online after submitting your online questionnaire.
California law says you are qualified to be a juror if you: Are a U.S. citizen. Are at least 18 years old.
Jury service can only be deferred once. Applications to be excused from jury services are only considered in exceptional circumstances. You also have the right to be excused from jury service if you have previously served or attended to serve on a jury in the previous 2 years.
What If A Juror Does Not Report as Instructed? Every resident of Contra Costa County who is qualified to serve must appear for jury service when summoned. Willful failure to appear is contempt of court. Contempt of court is punishable by fine or possible county jail time.
Jurors who believe they are not qualified or eligible to serve can use the website, , to request to be excused. Requests must be made at least five business days before the date of the jury duty, according to a county news release.
Under the law as it stands, the Juries Act 1976 provides that every citizen aged 18 years or upwards and under the age of 70 years is qualified and liable to serve as a juror. Persons excusable from jury service as of right include those aged 65 years or upwards and under the age of 70 years.
A juror over the age of 70, may be excused from duty due to physical or mental reasons. Most counties require medical note from physician for deferral or postponement.
Q: Do I have to perform jury service if I'm over 70 years of age? A: There is no age exemption for jury service. If you are 70 years of age or older, the California Rules of Court allow you to be excused due to a medical condition without a doctor's note. You must inform the court that you are not able to serve.
It is not usually possible to defer your service twice unless you have a significant new reason. You can continue booking holidays or arranging other events as normal; you do not need to let us know about these.