Maryland Jury Instruction — 1.9.5.1 Corporation As Alter Ego Of Stockholder is a legal instruction that addresses the concept of a corporation being treated as the alter ego of its stockholder in certain circumstances. This instruction is used in civil cases where a party seeks to pierce the corporate veil and hold the stockholder personally liable for the actions of the corporation. In situations where a corporation is deemed to be the alter ego of its stockholder under Maryland law, the court may disregard the corporate structure and hold the stockholder personally responsible for the debts, obligations, or liabilities of the corporation. This doctrine is applied when the court determines that the stockholder has abused the corporate form to commit fraud, perpetrate injustice, or circumvent the law. The Maryland Jury Instruction — 1.9.5.1 provides guidance to the jury in assessing whether the corporate veil should be pierced based on the following factors: 1. Unity of interest and ownership: The jury should consider whether the stockholder has maintained complete control over the corporation, commingled personal and corporate assets, or used corporate assets for personal expenses. 2. Injustice or inequity: The jury should evaluate whether disregarding the corporate entity would result in an unjust consequence, such as allowing the stockholder to avoid personal liability for wrongful acts. 3. Fraud or wrongdoing: The jury should assess whether the stockholder, through the corporate entity, has engaged in fraudulent or wrongful conduct, including using the corporation as a shield to defraud or deceive others. 4. Control and disregard for corporate formalities: The jury should examine whether the stockholder has failed to observe corporate formalities, such as holding regular meetings, maintaining corporate records, or acting in accordance with the corporation's bylaws. It's important to note that while Maryland Jury Instruction — 1.9.5.1 provides a framework for jurors to consider when determining alter ego liability, it does not establish a strict formula or guarantee that the corporate veil will be pierced. Each case is evaluated on its individual merits and facts. Types of Maryland Jury Instruction — 1.9.5.1 Corporation As Alter Ego Of Stockholder instructions may include variations based on the specific facts of the case, such as the nature of the wrongdoing or the relationship between the stockholder and the corporation. These variations would help tailor the instruction to the unique circumstances of the case at hand. Overall, Maryland Jury Instruction — 1.9.5.1 Corporation As Alter Ego Of Stockholder aims to inform the jury about the factors they should consider when determining whether a stockholder should be held personally liable for the actions of a corporation, and ultimately, whether piercing the corporate veil is justified in the given situation.
Maryland Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder
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Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
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 idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
Find jury instructions in secondary sources First click on ?Secondary Sources? under the ?Content Types? tab on the main Westlaw Edge page. Then click on ?Jury Instructions?