San Bernardino California Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior is a legal instruction provided to the jury in San Bernardino, California, during a trial. This specific instruction addresses various issues related to the legal concept of respondent superior. Respondent superior is a Latin term meaning "let the master answer" and refers to the legal doctrine that holds an employer or principal liable for the acts or omissions of their employees or agents. In other words, it imposes liability on an employer or principal for the negligence or wrongful actions of its employees or agents, which occur within the course and scope of employment. The San Bernardino California Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior presents a comprehensive explanation and guidelines for the jury to determine if an employer or principal should be held responsible for the actions of their employee or agent. It covers various factors and considerations that the jury must take into account, including: 1. Course and Scope of Employment: The instruction clarifies that respondent superior applies only if the negligent or wrongful act was committed within the scope of the employee's or agent's job responsibilities. It outlines what constitutes the course and scope of employment and provides examples to illustrate this concept. 2. Control and Supervision: The instruction emphasizes that respondent superior requires a certain level of control and supervision by the employer or principal over the employee or agent. It explains the degree of control necessary for the doctrine to apply. 3. Negligent or Intentional Acts: The instruction differentiates between negligent and intentional acts committed by an employee or agent. It explains how respondent superior generally applies to negligent acts, but may also be applicable in certain cases involving intentional wrongdoing. 4. Independent Contractors: The instruction addresses the distinction between employees and independent contractors, as respondent superior usually does not apply to the actions of independent contractors. It explains the factors that determine whether the person is an employee or an independent contractor. 5. Vicarious Liability: The instruction clarifies that respondent superior imposes vicarious liability on the employer or principal, meaning they may be found responsible for the acts or omissions of their employee or agent, even if they were not directly involved or negligent themselves. San Bernardino California Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior also includes relevant case law precedents and legal principles to assist the jury in making an informed decision. It ensures that the jury fully understands the concept of respondent superior and its application within the context of the trial. Overall, this jury instruction plays a crucial role in guiding the jury's decision-making process regarding the liability of employers or principals for the wrongful actions of their employees or agents. It helps ensure a fair and consistent assessment of the respondent superior doctrine in the San Bernardino, California, judicial system.