Alabama Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction that provides guidance to the jury in cases where the defense of comparative negligence is raised. Comparative negligence is a legal doctrine that allows the jury to assign a percentage of fault to each party involved in a lawsuit. In Alabama, there are different types of Alabama Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense, including: 1. Pure Comparative Negligence: This instruction allows the jury to allocate fault percentage between the parties involved in the case, without any limitation on recovery. Under this system, even if the plaintiff is found to be 99% at fault, they can still recover damages, albeit reduced by their assigned percentage of fault. 2. Modified Comparative Negligence (50% Rule): This instruction limits the plaintiff's recovery if they are found to be equally or more at fault than the defendant. According to this rule, the plaintiff cannot recover any damages if they are 50% or more at fault. However, if the plaintiff's assigned percentage of fault is below 50%, they can still recover damages, but it will be reduced by their assigned percentage of fault. 3. Modified Comparative Negligence (51% Rule): This instruction follows a similar principle as the 50% Rule, but with a slight modification. Under this rule, the plaintiff cannot recover any damages if they are 51% or more at fault. If the plaintiff's assigned percentage of fault is below 51%, they can still recover damages, but it will be reduced by their assigned percentage of fault. The Alabama Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense serves to inform the jury about these different rules and how they should assess liability and damages in light of the comparative negligence defense. It ensures that the jury understands the concept of comparative negligence and its impact on the determination of fault and potential compensation for the plaintiff.
Alabama Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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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.
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.
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.
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.
Instructions to jury: Objection. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file and, in such event, shall serve on all opposing parties written requests that the court instruct the jury on the law as set forth in the requests.
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.
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.
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.