Louisiana Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue: In a legal proceeding where both the plaintiff and the defendant claim damages or when damages are not an issue, the Louisiana Jury Instruction 7.2 establishes the duty of the jury to deliberate and decide upon the appropriate damages to be awarded. When both the plaintiff and defendant claim damages, it is essential for the jury to weigh the evidence presented by both parties and make a fair assessment of the harm suffered and the monetary compensation that should be awarded. This type of instruction guides the jury to remain impartial and consider all the relevant factors and evidence before reaching a decision. In cases where damages are not an issue, the duty to deliberate still remains. The jury must deliberate to determine other elements of the case, such as liability, negligence, or fault. Even though the specific damages might not be in question, it is crucial for the jury to deliberate on the remaining issues to reach a just verdict. Different types of Louisiana Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue may include: 1. Duty to Consider Each Party's Claim: This type of instruction emphasizes the importance of considering the specific arguments and evidence presented by the plaintiff and the defendant regarding damages. 2. Weight of Evidence: The jury is instructed to evaluate the weight and credibility of the evidence presented by both parties when determining damages or other relevant elements of the case. 3. Impartiality and Fair Assessment: This instruction highlights the jury's duty to remain impartial and provide a fair assessment of damages by considering all relevant factors and evidence, without favoring either party. 4. Remedy Selection: In cases where damages are not in dispute, the jury may receive instructions on alternative remedies or forms of relief that can be awarded to the prevailing party instead of monetary damages. 5. Jury Considerations: The jury is instructed to deliberate on all other relevant issues in the case, such as liability or fault, even when damages are not in question. It is crucial for both the plaintiff and defendant to understand the implications of Louisiana Jury Instruction 7.2 as it guides the jury in their deliberations, ensuring a fair and just resolution in cases where damages are at stake or not at issue. The instruction underscores the responsibility of the jury to carefully consider the evidence, weigh the arguments presented, and render a verdict that upholds the principles of justice and fairness.
Louisiana 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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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.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
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.
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.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
In determining whether to award punitive damages, consider all relevant evidence, including but not limited to the following: (1) the likelihood, at the relevant time, that serious harm would arise from (defendant's) conduct; (2) (defendant's) awareness or reckless disregard of the likelihood that such serious harm ...