Wake North Carolina Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Wake
• Control #: US-11CF-1-9-5-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. Wake North Carolina Jury Instruction — 1.9.5.1 Corporation As Alter Ego Of Stockholder refers to a specific instruction given to the jury in Wake County, North Carolina regarding the legal concept of a corporation being considered the alter ego of its stockholder. This instruction is relevant in cases where a plaintiff alleges that a corporation should be disregarded as a separate legal entity and its shareholder's personal liability should be extended to the corporation's actions or obligations. This jury instruction typically involves the following key elements: 1. Establishing corporate structure: The instruction outlines that a corporation is a legally recognized entity that exists separately from its shareholders. It explains the concept of limited liability, whereby shareholders are generally protected from personal liability for corporate actions. 2. Alter ego theory: This instruction details the alter ego theory, which suggests that under certain circumstances, a court may disregard the corporate entity and hold the shareholder personally liable for the corporation's actions. It covers the factors used to determine if the corporation is merely an alter ego of the shareholder, thereby allowing for piercing the corporate veil. 3. Factors for piercing the corporate veil: The instruction may identify various factors that the jury should consider when determining whether to apply the alter ego theory. These factors typically include the commingling of personal and corporate assets, inadequate capitalization of the corporation, failure to observe corporate formalities, and using the corporation as a shield to commit fraud or injustice. 4. Burden of proof: The instruction defines the burden of proof for the plaintiff, who must demonstrate by a preponderance of the evidence that the corporate veil should be pierced and the shareholder held personally liable. It may also explain that the defendant, the shareholder, has the opportunity to present evidence to rebut the plaintiff's claim. Different variations of Wake North Carolina Jury Instruction — 1.9.5.1 Corporation As Alter Ego Of Stockholder may exist depending on the specific circumstances of the case. However, the underlying objective remains the same: to guide the jury in understanding the legal principles surrounding the alter ego theory and the factors they should consider when determining if the shareholder's personal liability extends to the corporation's actions.

Wake North Carolina Jury Instruction — 1.9.5.1 Corporation As Alter Ego Of Stockholder refers to a specific instruction given to the jury in Wake County, North Carolina regarding the legal concept of a corporation being considered the alter ego of its stockholder. This instruction is relevant in cases where a plaintiff alleges that a corporation should be disregarded as a separate legal entity and its shareholder's personal liability should be extended to the corporation's actions or obligations. This jury instruction typically involves the following key elements: 1. Establishing corporate structure: The instruction outlines that a corporation is a legally recognized entity that exists separately from its shareholders. It explains the concept of limited liability, whereby shareholders are generally protected from personal liability for corporate actions. 2. Alter ego theory: This instruction details the alter ego theory, which suggests that under certain circumstances, a court may disregard the corporate entity and hold the shareholder personally liable for the corporation's actions. It covers the factors used to determine if the corporation is merely an alter ego of the shareholder, thereby allowing for piercing the corporate veil. 3. Factors for piercing the corporate veil: The instruction may identify various factors that the jury should consider when determining whether to apply the alter ego theory. These factors typically include the commingling of personal and corporate assets, inadequate capitalization of the corporation, failure to observe corporate formalities, and using the corporation as a shield to commit fraud or injustice. 4. Burden of proof: The instruction defines the burden of proof for the plaintiff, who must demonstrate by a preponderance of the evidence that the corporate veil should be pierced and the shareholder held personally liable. It may also explain that the defendant, the shareholder, has the opportunity to present evidence to rebut the plaintiff's claim. Different variations of Wake North Carolina Jury Instruction — 1.9.5.1 Corporation As Alter Ego Of Stockholder may exist depending on the specific circumstances of the case. However, the underlying objective remains the same: to guide the jury in understanding the legal principles surrounding the alter ego theory and the factors they should consider when determining if the shareholder's personal liability extends to the corporation's actions.