Georgia Jury Instruction - 2.2 With Comparative Negligence Defense

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US-11C-0-2-2
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

§ 51-12-33. Under Georgia law, if a jury determines that you were 49% at fault, then you can collect compensation equal to 51% of the damages. For instance, if your damages were $100,000, your award would be reduced to $51,000. You would not collect anything if you are equally, or 50% at fault.

In a criminal case, the jury verdict must be unanimous.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."

Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. 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.

Due to the harshness inherent in a complete bar to plaintiff's recovery if the defendant shows plaintiff was slightly negligent, contributory negligence is not looked upon favorably in most jurisdictions and a majority of jurisdictions have now adopted a ?comparative negligence? system, including the state of Georgia.

The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

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Georgia Jury Instruction - 2.2 With Comparative Negligence Defense