Indiana Jury Instruction - Computer Fraud Injury To United States
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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.
301 instructs the jury the testimony of a single witness can prove any fact, but warns the jury to review carefully all the evidence before accepting the testimony of a single witness. The trial court has a sua sponte duty to instruct the jury with this instruction in every case.
You may submit an excuse request with the Federal Court Jury Service Questionnaire if you believe that serving as a juror may cause you undue hardship. An undue hardship is described as anything outside of the exemptions and excuses set forth above. These requests must be reviewed and approved by the impaneling judge.
The degree of injury sustained by the victim is of little consequence in the assessment of punitive damages. The award arises from intentional conduct which disregards the legal rights of the plaintiff in a malicious or outrageous manner.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
The comparable Judicial Council instruction (number 202) reads: Some evidence proves a fact directly, such as testimony of a witness who saw a jet plane flying across the sky. Some evidence proves a fact indirectly, such as testimony of a witness who saw only the white trail that jet planes often leave.
To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious, which are adjectives adopted by McIntyre J., writing for the majority in Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R.
Punitive damages are not designed to compensate the plaintiff, but to deter others from engaging in similar wrongful behavior. While the plaintiff will receive the monetary award, the primary purpose of punitive damages is to punish the defendant.