Massachusetts 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 to the jury in a civil case where both the plaintiff and defendant claim damages or when damages are not disputed. This instruction outlines the jury's responsibility to deliberate on the issue of damages and reach a fair and just decision. In cases where both the plaintiff and defendant claim damages, the instruction advises the jury to carefully consider the evidence presented by both parties regarding the extent of damage suffered. The jury should assess the credibility and weight of each party's evidence and arguments, taking into account any expert opinions or testimonies presented. Additionally, when damages are not an issue, the instruction emphasizes that the jury should still deliberate on the facts of the case and come to a decision based on liability and any other relevant issues raised during the trial. Even if the amount of damages is not being disputed, the jury still has the duty to determine liability and allocate responsibility accordingly. Some variations or related instructions that may be given along with this instruction include: 1. Massachusetts Jury Instruction — 7.2B Duty To Deliberate on Liability When Damages Are Not an Issue: This instruction specifically focuses on the jury's duty to deliberate on liability and determine the extent of responsibility each party bears, even when damages are not being disputed. 2. Massachusetts Jury Instruction — 7.2C Duty To Deliberate on Comparative Fault When Both Plaintiff and Defendant Claim Damages: This instruction directs the jury to consider comparative fault when both parties in a case are claiming damages. The jury must assess the degree of fault or negligence of each party involved and adjust the damages accordingly. 3. Massachusetts Jury Instruction — 7.2D Duty To Deliberate on Punitive Damages When Both Plaintiff and Defendant Claim Damages: This instruction highlights the jury's responsibility to consider whether punitive damages should be awarded when both the plaintiff and defendant claim damages. The jury must determine if the defendant's actions were willful, wanton, or malicious, justifying an additional award of punitive damages. Overall, Massachusetts Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue guides the jury in their decision-making process, ensuring fair and impartial deliberations that lead to a just resolution of the case.
Massachusetts 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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