Arizona Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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How to fill out Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness?
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The standard of proof to recover punitive damages is ?clear and convincing? evidence of the defendant's ?evil hand and mind.? This means the plaintiff must present strong evidence that is highly and substantially more probable to be true than not true.
You must ask the court for punitive damages, although you may not specify an amount. There is no set formula for determining the amount of punitive damages in California. Punitive damages serve to deter future misconduct and punish the defendant. ?Punitive damages? also goes by the name ?exemplary damages?.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
In considering the amount of any punitive damages, consider the degree of reprehensibility of the defendant's conduct [, including whether the conduct that harmed the plaintiff was particularly reprehensible because it also caused actual harm or posed a substantial risk of harm to people who are not parties to this ...
Punitive Damages [Name of defendant] consciously pursued a course of conduct knowing that it created a substantial risk of significant harm to others. To prove this required state of mind by clear and convincing evidence, [name of plaintiff] must persuade you that the punitive damages claim is highly probable.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
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.