Alabama Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a vital component in personal injury cases in Alabama. It provides guidance to the jury regarding the concept of comparative negligence and its potential impact on the plaintiff's claim for damages. This instruction is crucial in determining the proportion of fault allocated to each party involved in the accident or incident. In Alabama, there are three types of comparative negligence instructions: pure comparative negligence, modified comparative negligence (50% bar rule), and modified comparative negligence (51% bar rule). 1. Pure Comparative Negligence: Under this instruction, the jury is instructed to assign a percentage of fault to each party involved in the incident, including both the plaintiff and the defendant(s). The plaintiff is still able to recover damages, albeit reduced by their assigned percentage of fault. For example, even if the plaintiff is deemed 80% at fault, they can still recover 20% of the total damages awarded. 2. Modified Comparative Negligence (50% bar rule): This instruction instructs the jury to allocate fault between the parties, but the plaintiff is only eligible to receive compensation if they are found to be less than 50% at fault. If the plaintiff is assigned 50% or more of the fault, they are barred from recovering any damages. 3. Modified Comparative Negligence (51% bar rule): Similar to the 50% bar rule, this instruction also requires the plaintiff to be less than 51% at fault to recover damages. If the plaintiff's assigned percentage of fault reaches or exceeds 51%, they are unable to recover compensation. These instructions play a vital role in determining the outcome of personal injury lawsuits in Alabama. They allow the jury to consider the actions and negligence of all parties involved and ensure that the degree of fault is fairly distributed. By employing comparative negligence instructions, Alabama seeks to promote a fair and equitable resolution for personal injury cases by holding all parties accountable for their actions.
Alabama Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
Alabama Pattern Jury Instruction 11.36 In the event a vehicle is classified as a total loss, the owner may collect ?the amount of money that compensates the owner for its loss of use during the period of time reasonably necessary to get a replacement vehicle.? Alabama Pattern Jury Instruction 11.38.
The circumstantial evidence jury instruction tells the jury that in order to convict a defendant based on circumstantial evidence, the jury must not only find that the circumstantial evidence is consistent with defendant's guilt, but also that the evidence is not reasonably consistent with innocence.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.