Guam Jury Instruction — 2.2 With Comparative Negligence Defense, also referred to as GI 2.2, is an essential legal instruction provided to juries in Guam during civil trials that involve a comparative negligence defense. It guides jurors on the appropriate considerations and standards to determine liability and allocate damages between the parties involved in the case. Keywords: Guam, jury instruction, GI 2.2, comparative negligence defense, civil trials, liability, damages allocation. In cases where comparative negligence is claimed as a defense, GI 2.2 is specifically designed to assist the jury in understanding and applying the principles of shared fault in determining the final verdict. The instruction aims to ensure fairness by attributing liability and awarding damages proportionally based on the degree of fault each party bears for the incident in question. The Guam Jury Instruction — 2.2 With Comparative Negligence Defense provides clear guidelines to the jury, explaining that the negligence of multiple parties must be evaluated and compared to determine their respective contributions to the incident. It instructs jurors to assign a percentage of responsibility to each party involved, including both the plaintiff and the defendant. Moreover, GI 2.2 emphasizes that the jury should consider both the negligent acts or omissions of the parties and any other factors that may have contributed to the incident when determining comparative negligence. The instruction highlights the importance of impartially assessing the evidence presented during the trial and instructs the jury to base their findings solely on the facts presented. It is important to note that Guam Jury Instruction — 2.2 With Comparative Negligence Defense may have variations or subtypes based on specific circumstances. Possible variations could include GI 2.2.1 for cases involving multiple defendants or GI 2.2.2 for cases involving comparative negligence claims in medical malpractice lawsuits. These variations would provide more specific instructions tailored to the specific circumstances of the case. In conclusion, Guam Jury Instruction — 2.2 With Comparative Negligence Defense, also known as GI 2.2, is a crucial legal instruction that helps jurors fairly determine liability and allocate damages in civil trials involving shared fault. By providing clear guidelines and emphasizing the importance of impartial evaluation, GI 2.2 ensures that the final verdict is reached based on the facts presented during the trial.
Guam Jury Instruction - 2.2 With Comparative Negligence Defense
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Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
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.
In addition to compensatory damages, juries in some cases may also award punitive damages, a class of damages which serve to punish unlawful conduct and to deter similar future conduct. BMW of North Am., Inc. v. Gore, 517 U.S. 559, 568 (1996).
In some cases, the defense may benefit from a hung jury if it suggests that the evidence against the defendant is not strong enough to convince all 12 jurors of their guilt. On the other hand, the prosecution may benefit from a hung jury if it suggests that the case is still strong enough to pursue a retrial.
"Punitive damages" are awarded against a defendant for the purpose of punishing the defendant for its misconduct, or to deter one or both Defendants and others like such defendant from committing such conduct in the future.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
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 ...