North Carolina Jury Instruction — 1.1 Duty To Mitigate In General is an imperative instruction provided to jurors during a trial. This instruction aims to guide the jurors on the obligation of a plaintiff in a civil case to take reasonable steps to minimize their damages and losses. Keywords: North Carolina, Jury Instruction 1.1, Duty To Mitigate In General, obligation, plaintiff, civil case, damages, losses. In a civil case, it is crucial for the jurors to understand that the duty to mitigate means that the plaintiff has a responsibility to minimize their damages and losses to the extent that a reasonable person would do in similar circumstances. This instruction helps jurors comprehend the principle of fairness and reasonableness when assessing damages and determining the defendant's liability. Different Types of North Carolina Jury Instruction — 1.1 Duty To Mitigate In General: 1. General Duty to Mitigate: This type of instruction explains the overall obligation of the plaintiff to take reasonable actions to reduce damages or losses resulting from the defendant's actions. It emphasizes that the plaintiff cannot recover for damages that could have been reasonably avoided. 2. Mitigation of Economic Damages: This specific instruction focuses on the duty of the plaintiff to mitigate economic damages, such as financial losses, by making reasonable efforts to secure alternative employment or mitigate business losses. It provides jurors with guidance on evaluating the plaintiff's efforts in minimizing economic harm. 3. Duty to Mitigate Personal Injury: This jury instruction caters to cases involving personal injury, where the plaintiff must take reasonable measures to mitigate and reduce the negative effects of their injuries, including seeking proper medical treatment, rehabilitation, or following recommended recovery protocols. Jurors need to assess whether the plaintiff has shown reasonable behavior and taken appropriate actions to mitigate their damages related to personal injuries. 4. Duty to Mitigate Property Damages: In cases where property damage is at issue, this instruction educates jurors on the plaintiff's responsibility to mitigate the extent of damages to their property. It highlights that the plaintiff must promptly take reasonable actions to prevent further damage or make necessary repairs to limit the scope of loss incurred. Overall, North Carolina Jury Instruction — 1.1 Duty To Mitigate In General serves as an essential guidance tool for jurors to assess the plaintiff's actions in mitigating their damages and losses. By considering relevant keywords such as North Carolina, civil case, damages, losses, and plaintiff's responsibility, this instruction provides invaluable guidance to the jurors in ensuring a fair and reasonable resolution of the case.
North Carolina Jury Instruction - 1.1 Duty To Mitigate In General
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We will explore this topic in more detail below, but in general, your duty to mitigate damages is to act reasonably to avoid or reduce the consequences of the accident. This is known in North Carolina as the Doctrine of Avoidable Consequences.
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.
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 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.
(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.