Alaska Jury Instruction — 3.3 Breach of Fiduciary Duty is a legal instruction given to a jury in a civil case in Alaska regarding a breach of fiduciary duty claim. This instruction helps guide the jury in understanding the elements that need to be proven to establish a breach of fiduciary duty, as well as the potential defenses or factors that may be considered. A fiduciary duty arises when one party (the fiduciary) is entrusted with the responsibility to act in the best interests of another party (the beneficiary), putting the beneficiary's interests above their own. When this duty is breached, it means that the fiduciary has failed to uphold their legal obligation, often resulting in harm to the beneficiary. Such breaches can occur in various contexts, including business partnerships, trustee relationships, or attorney-client relationships, among others. The Alaska Jury Instruction — 3.3 Breach of Fiduciary Duty outlines the essential elements that the plaintiff must prove to establish a claim of breach of fiduciary duty: 1. Existence of a fiduciary duty: This component establishes that a fiduciary relationship existed between the parties involved, typically based on a special relationship of trust and confidence. 2. Breach of the fiduciary duty: The plaintiff must provide evidence to show that the fiduciary breached their duty, whether by acting in their own interests, engaging in self-dealing, failing to disclose relevant information, or violating specific terms established in the fiduciary relationship. 3. Harm or damages: The plaintiff must demonstrate that they suffered harm or damages as a result of the fiduciary's breach. These damages can be financial, reputational, or other forms of harm directly caused by the breach. In addition to these elements, the jury instruction may include different variations or types based on the specific circumstances or relationships involved: 1. Breach of corporate fiduciary duty: This type of fiduciary duty pertains to cases involving officers, directors, or shareholders in a corporation. It addresses allegations of breach of duty related to mismanagement of corporate assets, conflicts of interest, or failure to act in the best interests of the corporation and its shareholders. 2. Breach of trustee fiduciary duty: Trustee fiduciary duty applies to cases involving individuals or entities entrusted with managing assets or property on behalf of another party (the beneficiary) in a trust. This instruction may address claims of misappropriation, improper investment decisions, or failure to distribute assets appropriately. 3. Breach of professional fiduciary duty: This category encompasses fiduciary duties between professionals and clients, such as attorneys, accountants, financial advisors, or real estate agents. It covers allegations of improper handling of client funds, conflicts of interest, or failure to provide competent advice. Overall, the Alaska Jury Instruction — 3.3 Breach of Fiduciary Duty provides guidance to the jury on the law governing fiduciary relationships and helps them evaluate the evidence presented to determine whether the defendant breached their fiduciary duty and caused harm to the plaintiff.
Alaska Jury Instruction - 3.3 Breach of Fiduciary Duty
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The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.
Elements. A plaintiff alleging a breach of a fiduciary duty ?must prove (1) existence of a duty owed, (2) breach of that duty, (3) resulting injury, and (4) that the claimed breach proximately caused the injury.? Micro Enhancement Int'l, Inc. v. Coopers & Lybrand, LLP, 110 Wn.
A master jury wheel is created by uploading all registered voters from the Alaska Voter Registration List. Then, names are randomly drawn periodically from the master jury wheel to receive jury summonses.
Alaska R. Admin. 15 SIZE OF LOCALTERM OF SERVICEUnder 2,000 people1 calendar year2,000 to 7,000 people3 consecutive calendar months per jury year unless interrupted by a deferral7,001 to 99,999 people1 calendar month per jury year unless interrupted by a deferral100,000 or more people1 calendar week per jury year1 more row
If you don't respond to a jury summons, you can be held in contempt of court and be fined or imprisoned or both. Read the summons that you receive to find out how to respond.
During the trial, lawyers present evidence through witnesses who testify about what they saw or know. After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt.
A grand jury is a group of 12-18 citizens who decide whether there is enough evidence to charge a person with a felony crime. The prosecutor presents evidence to the grand jurors and calls witnesses to testify. Neither the defense nor a judge is in the room.
You may request to have your jury service moved to another time, or to be excused from a portion of your 4-week call in period, or to be excused from your jury service entirely. Include your name, mailing address and participant number in your request and send it via the contact information on your summons.