Hawaii Jury Instruction — 3.2 Civil Theft is a set of legal instructions provided to juries in civil theft cases in the state of Hawaii. This instruction aims to guide jurors in determining the liability of a defendant accused of committing civil theft and the appropriate damages to be awarded to the plaintiff. Civil theft refers to the intentional conversion, use, or taking of another person's property without their consent, resulting in financial harm to the rightful owner. It is important for jurors to understand the elements of civil theft and the burden of proof required to establish liability. Hawaii Jury Instruction — 3.2 Civil Theft provides a detailed explanation of the elements that must be proven by the plaintiff to establish a claim of civil theft. These elements typically include: 1. Defendant's intentional conduct: The plaintiff must prove that the defendant intentionally undertook actions that resulted in the conversion, use, or taking of their property. 2. Ownership or right to possess property: The plaintiff must demonstrate that they owned or had the legal right to possess the property at the time of the alleged theft. 3. Lack of consent: The plaintiff needs to show that they did not give consent to the defendant to take, convert, or use their property. 4. Financial harm: The plaintiff must prove that they suffered financial harm as a direct result of the defendant's actions. Once these elements have been established, the jury then considers the appropriate damages to be awarded to the plaintiff. The damages in civil theft cases usually aim to compensate the plaintiff for their loss and may include the actual value of the stolen property, consequential damages, and any economic losses resulting from the theft. It is important to note that there may be different variations or types of Hawaii Jury Instruction — 3.2 Civil Theft, depending on the specific circumstances of each case. Some variations may be specific to certain industries or types of property, such as intellectual property theft or theft of trade secrets. The instructions can be tailored to address the unique aspects of each case, ensuring a fair and accurate determination of liability and damages.
Hawaii Jury Instruction - 3.2 Civil Theft
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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 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).
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.
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.
"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.