Missouri Jury Instruction - 1.9.1 Miscellaneous Issues Respondent Superior

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-9-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Missouri Jury Instruction — 1.9.1 "Miscellaneous Issue— - Respondent Superior" is a specific instruction provided to Missouri juries in cases where the legal doctrine of respondent superior is applicable. This instruction helps guide juries in understanding the various aspects and considerations related to the respondent superior doctrine, which holds employers liable for the actions of their employees under certain circumstances. Here is a comprehensive description of what Missouri Jury Instruction — 1.9.1 covers and the different types it may have: 1. Definition of Respondent Superior: This instruction provides a clear explanation of the legal principle of respondent superior. It states that an employer may be held liable for the wrongful acts or omissions committed by its employees within the scope of their employment. 2. Elements of Respondent Superior: Missouri Jury Instruction — 1.9.1 lists the essential elements required to establish respondent superior, which typically include: a. Relationship: The existence of an employer-employee relationship between the defendant (employer) and the individual responsible for the harm caused (employee). b. Scope of Employment: The act or omission leading to harm must have occurred within the scope of the employee's employment. This involves determining whether the action was authorized, expected, or arose from the performance of the employee's duties. c. Causation: The employee's actions must have directly caused the harm inflicted upon the plaintiff. 3. Burden of Proof: This instruction may also mention the burden of proof, clarifying that it rests upon the plaintiff to demonstrate that the defendant employer is liable under the doctrine of respondent superior. The jury must be convinced that the plaintiff has met their burden by a preponderance of the evidence. 4. Exceptions and Limitations: Depending on the specific circumstances of the case, Missouri Jury Instruction — 1.9.1 may include additional instructions to address exceptions or limitations to the respondent superior doctrine. These exceptions might include instances where an employee substantially deviates from their employment duties or acts with criminal intent unrelated to their job. 5. Application to the Case: The instruction will guide the jury in applying the principles of respondent superior to the facts of the case at hand. It may include examples and hypothetical scenarios to help jurors understand how the law applies in different circumstances. Overall, Missouri Jury Instruction — 1.9.1 "Miscellaneous Issue— - Respondent Superior" is an essential tool for juries in Missouri to determine whether an employer should be held liable for the actions of their employees. It provides a detailed explanation of the doctrine of respondent superior and guides the jury in evaluating the elements necessary to establish employer liability. By using this instruction, jurors can make well-informed decisions based on the evidence presented in court.