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Illinois Pattern Jury Instruction 5.01 is generally available when the following conditions have been met: (1) the missing witness was under the control of the party to be charged and could have been produced by reasonable diligence; (2) the witness was not equally available to the opposing party; (3) a reasonably ...
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
For example, Illinois law allows a plaintiff who is a minor at the time his or her legal claim accrues to file their lawsuit within 2 years of their 18th birthday (unless the normal statute of limitations gives them a longer period of time to file their lawsuit).
IPI 21.01 defines burden of proof in terms of what is more probably true than not true. This is considered preferable to a statement requiring proof by a ?preponderance? or ?greater weight? of evidence.
30.04.02 Loss of a Normal Life--Definition This includes a person's inability to pursue the pleasurable aspects of life.
This term specifically relates to personal injury cases, when a defendant's negligence or reckless behavior causes the victim's family to lose a connection with the victim. Loss of consortium cases happen when a partner or family lose the joys of companionship, affection, love, comfort, or sexual intimacy.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?
Elements of damages, such as medical expenses or lost wages, but can be challenging with the more subjective elements, such as pain and suffering, loss of consortium/society or future damages. Thus, it is helpful to look at cases interpreting the specific elements of damage for guidance.