Maryland Jury Instruction — 1.1 Duty To Mitigate In General is a legal instruction that is fundamental to civil law cases in Maryland. This instruction emphasizes the duty of the plaintiff or injured party to take reasonable steps to minimize their damages and losses resulted from the defendant's actions. Keywords: Maryland, jury instruction, duty to mitigate, general, civil law, damages, losses, defendant, actions. In civil cases, the injured party has a duty to mitigate their damages by taking reasonable actions to avoid further harm or loss. This instruction highlights the importance of the injured party's responsibility to mitigate their damages, which can often be a significant factor in determining the amount of compensation they may receive. Different types of Maryland Jury Instruction — 1.1 Duty To Mitigate In General may include variations depending on the specific circumstances of the case. For example: 1. Duty to mitigate economic damages: This variant of the instruction focuses on the injured party's duty to take reasonable steps to minimize their financial losses, such as seeking employment or alternative sources of income. 2. Duty to mitigate non-economic damages: In cases involving non-monetary damages like pain, suffering, or emotional distress, this instruction reminds the injured party of their duty to undertake reasonable efforts to alleviate their emotional or physical suffering. 3. Duty to mitigate property damage: When a plaintiff's property has been damaged due to the defendant's action, the instruction may specifically address the steps the plaintiff should take to prevent further damage or to mitigate the costs of repairing or replacing their property. 4. Duty to mitigate medical expenses: In cases involving personal injury, this type of instruction underlines the plaintiff's obligation to seek necessary medical treatment promptly and to follow the healthcare provider's advice to mitigate the extent of their injury or illness. By including the Maryland Jury Instruction — 1.1 Duty To Mitigate In General in civil law cases, the court ensures that the injured party's own actions or lack thereof do not worsen their damages and potentially inflate the compensation they may be entitled to. It encourages the injured party to act reasonably and responsibly in mitigating their losses, which can ultimately influence the jury's decision regarding the amount of damages awarded. In summary, Maryland Jury Instruction — 1.1 Duty To Mitigate In General is a vital component in establishing the injured party's responsibility to take reasonable actions to limit their damages. It aims to promote fairness and balance in civil cases and highlights various types of mitigation duties based on the specific circumstances of the case.
Maryland Jury Instruction - 1.1 Duty To Mitigate In General
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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.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be 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.
Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.
A complete criminal trial typically consists of six main phases: Choosing a jury. Opening statements. Witness testimony and cross-examination. Closing arguments. Jury instructions. Jury deliberation and verdict.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
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.
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.