Kansas Jury Instruction — 1.1 Duty To Mitigate In General is an essential legal principle that guides the behavior of plaintiffs in a civil lawsuit. This instruction outlines the responsibility of the plaintiff to take reasonable steps to minimize or mitigate their damages after an injury or harm has occurred. By imposing this duty on plaintiffs, the court aims to ensure fairness and prevent individuals from unnecessarily inflating their claims. In Kansas, there are a few different types of Duty To Mitigate instructions that may be given to the jury, depending on the specifics of the case. These instructions include: 1. Kansas Jury Instruction — 1.1.1 DutMitigateat— - Personal Injury: This instruction is specific to personal injury cases and highlights the plaintiff's obligation to seek reasonable medical treatment and follow medical advice in order to minimize their injuries and associated damages. 2. Kansas Jury Instruction — 1.1.2 DutMitigateat— - Employment Discrimination: In cases involving employment discrimination, this instruction instructs the jury on the duty of an employee who has suffered discrimination to take reasonable steps to mitigate their damages by seeking alternative employment. 3. Kansas Jury Instruction — 1.1.3 DutMitigateat— - Breach of Contract: For breach of contract cases, this instruction explains the duty of the injured party to mitigate their damages by taking reasonable steps to minimize any losses or harm resulting from the breach. Regardless of the specific type of case, these instructions emphasize that plaintiffs cannot passively allow damages to accumulate or intentionally refrain from taking steps to reduce their losses. While plaintiffs have the right to seek fair compensation for their injuries or losses, they must also make reasonable efforts to limit the extent of their damages. When deliberating a case that involves the duty to mitigate, the jury must consider the evidence presented and weigh whether the plaintiff fulfilled their obligation to mitigate their damages. They must assess whether the plaintiff took reasonable steps in line with what an ordinary person would have done in similar circumstances, and if not, determine how that failure may impact the overall compensation the plaintiff is entitled to. Overall, Kansas Jury Instruction — 1.1 Duty To Mitigate In General and its related variations aim to ensure that plaintiffs act responsibly and reasonably to mitigate their damages, promoting fairness and preventing excessive claims in civil lawsuits.
Kansas Jury Instruction - 1.1 Duty To Mitigate In General
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The purpose of a jury charge is to "educate the decision-maker so that it will make an informed decision, not to tell the decision-make what decision to make". An instructing judge "must set out in plan and understandable terms the law that the jury must apply when assessing the facts".
Curative instructions. Curative instructions are instructions curing some error that occurred during trial. For example, during opening statements it is improper to attack opposing counsel or to question the credibility of a party.
For example, if a witness testifies that the defendant has a criminal record, the judge may give a limiting instruction to the jury that they can only consider this evidence to determine the defendant's credibility as a witness and not to conclude that the defendant is guilty of the crime they are currently on trial ...
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
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.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.