Kentucky Jury Instruction — 1.1 Duty To Mitigate In General is a legal instruction provided to juries during civil trials in Kentucky. This instruction outlines the duty of a party involved in a lawsuit to take reasonable steps to minimize or mitigate their damages resulting from the actions of the opposing party. Keywords: Kentucky, Jury Instruction, Duty To Mitigate, In General, Civil Trials, Lawsuit, Damages, Opposing Party. The main purpose of this instruction is to educate the jury about the legal principle that a person who suffers harm as a result of another party's actions must exercise reasonable efforts to reduce the extent of the damage suffered. The instruction emphasizes that the injured party is not entitled to recover damages that could have reasonably been avoided. Different types or variations of Kentucky Jury Instruction — 1.1 Duty To Mitigate In General may exist to accommodate specific circumstances or legal contexts. Some potential specialized instructions could include: 1. Kentucky Jury Instruction — 1.1 Duty To Mitigate in Employment Disputes: This variation could address situations where an employee seeks redress for wrongful termination, discrimination, or harassment, and outlines the duty of the plaintiff to mitigate their damages by making reasonable attempts to find alternative employment. 2. Kentucky Jury Instruction — 1.1 Duty To Mitigate in Personal Injury Cases: This instruction may specifically relate to personal injury lawsuits, highlighting the injured party's obligation to minimize damages by promptly seeking medical treatment, following recommended rehabilitation plans, and taking reasonable measures to control the costs of treatment. 3. Kentucky Jury Instruction — 1.1 Duty To Mitigate in Contract Disputes: This variant might pertain to breach of contract cases, emphasizing the duty of the non-breaching party to mitigate their losses by seeking alternative suppliers, customers, or business opportunities while attempting to minimize damages resulting from the breach. In summary, Kentucky Jury Instruction — 1.1 Duty To Mitigate In General guides juries in understanding that parties involved in a lawsuit have an obligation to reasonably reduce the damages they experience. This instruction ensures fairness and encourages responsible behavior among plaintiffs by emphasizing their duty to put forth reasonable efforts to mitigate the losses caused by the opposing party's actions.
Kentucky Jury Instruction - 1.1 Duty To Mitigate In General
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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.
The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.
Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. 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.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
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.
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.