Florida Jury Instruction - 3.4 Life Expectancy Of Survivor
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?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
Florida Standard Jury Instruction (Crim.) 3.7, which is used when requested by a defendant who pleads not guilty, provides in pertinent part that: The defendant has entered a plea of not guilty. This means you must presume or believe the defendant is innocent.
The Florida Standard Jury Instruction #501.5(a) states that jurors should try to separate the amount of harm caused by the accident versus the harm that had existed previously in the body. However, if they cannot do so, then they should award damages for the entire condition suffered by the claimant.
The Collateral Source Rule, codified at Florida Statute 768.76, in pertinent part, states that in any action where liability is determined and damages awarded, the court shall reduce the amount of award by the total amounts which have been paid for the benefit of the claimant.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...