Kansas Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue is a legal instruction given by the court to the jury in Kansas during a civil trial. It outlines the jurors' responsibilities and duties when both the plaintiff and the defendant claim damages or when damages are not at issue in the case. When both the plaintiff and defendant claim damages, this jury instruction is essential to guide the jury in reaching a fair decision. In such cases, the jury must carefully evaluate the evidence presented by both parties, consider the credibility of the witnesses, and assess the extent of damages claimed by each side. The instruction emphasizes that the jurors must base their decision solely on the evidence and not be swayed by personal bias or sympathy. If damages are not at issue, meaning that both parties agree on the fact of damages but dispute other aspects of the case, this instruction is still relevant. In such instances, the jury needs to focus on other elements of the case, such as liability and causation. The instruction reminds the jurors to deliberate on the specific issues in dispute, follow the court's guidance, and remain impartial throughout the process. Different variations of Kansas Jury Instruction — 7.2 may exist depending on the specific circumstances of the case. For example, if the plaintiff and defendant both claim damages but have different theories or calculations for the amount, the instruction may further elaborate on how the jury should weigh and consider these differing perspectives. In summary, Kansas Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue plays a vital role in ensuring a fair and impartial trial. It outlines the jurors' duty to carefully consider the evidence, assess the credibility of witnesses, and make a fair determination within the scope of the law.
Kansas Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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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 ...
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.
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.
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 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.
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).
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
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.