Minnesota Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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The Right to a Jury Trial The Minnesota Constitution, Article I, Section 4 guarantees a jury trial in the state court system. The right of the defendant to fair legal process includes having his or her fate determined by ?a jury of peers,? meaning representative members of the community.
Rule 39. Issues of fact not submitted to a jury as provided in Rule 38 shall be tried by the court.
Rule 21. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or upon the court's own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
Rule 38. In actions for the recovery of money only, or of specific real or personal property, the issues of fact shall be tried by a jury, unless a jury trial is waived or a reference is ordered.
The burden of proof is on the defendant to prove that the innocent Claimant has failed to mitigate loss. This duty to mitigate' means losses cannot be recovered if they could have been reasonably avoided.
A defendant has a right to a jury trial for any offense punishable by incarceration. All trials must be in the district court. (b) Misdemeanors Not Punishable by Incarceration. In any prosecution for the violation of a misdemeanor not punishable by incarceration, trial must be to the court.
The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.
Under Minnesota law, a liquidated damages clause is enforceable when (1) the amount fixed by the clause is a reasonable forecast of just compensation for the harm caused by the breach, and (2) the harm is incapable or very difficult of accurate estimation.