New Jersey Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue

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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.

The New Jersey Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue is a set of guidelines provided to jurors in a civil trial. This instruction outlines the jurors' duty to deliberate when both the plaintiff and defendant claim damages or when damages are not at issue. Here is a detailed description of this jury instruction, along with its different types: 1. Purpose of the Instruction: The purpose of this instruction is to inform the jury about their responsibility to deliberate carefully and objectively when both the plaintiff and defendant are claiming damages, or when damages are not a point of contention. The instruction emphasizes the importance of impartial decision-making and the need for the jury to assess the evidence presented in order to reach a fair and just verdict. 2. Importance of Deliberation: Jurors are instructed about the significance of their role in deliberation. They are reminded that their collective duty is to examine all the evidence presented in court, evaluate the credibility of witnesses, and weigh the facts before reaching a verdict. It emphasizes that no verdict should be based on speculation, bias, or personal opinions. 3. Consideration of Credible Evidence: The instruction underscores the necessity for jurors to give due consideration to credible evidence during their deliberation process. Jurors should rely on the facts and evidence presented in court, disregarding any personal biases, assumptions, or preconceived notions. They should carefully review documents, exhibits, testimonies, and instructions provided by the judge to reach a well-informed decision. 4. Evaluation of Damages: When both the plaintiff and defendant claim damages, the instruction guides the jurors on how to assess the extent and validity of these claims. It explains that the jurors must consider the evidence, expert testimonies, and any relevant legal instructions provided by the court to determine the appropriate amount of damages, if applicable. 5. Conclusion: In summary, the New Jersey Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue aims to ensure that jurors understand their duty to carefully deliberate and assess the evidence presented in court. It emphasizes the need for an unbiased evaluation of facts and urges jurors not to base their decision on personal beliefs or sympathies. By following this instruction, the jury can fulfill its role in delivering a fair and just verdict. Different types of the New Jersey Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue may include specific variations based on factors such as the nature of the case (personal injury, contract disputes, property damages, etc.), the specific legal statutes involved, or any unique instructions requested by either party involved in the trial.

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A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."

The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.

Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

In determining whether to award punitive damages, consider all relevant evidence, including but not limited to the following: (1) the likelihood, at the relevant time, that serious harm would arise from (defendant's) conduct; (2) (defendant's) awareness or reckless disregard of the likelihood that such serious harm ...

The terms refer to the number of jurors serving on each jury, not the importance of the respective functions. There are 23 members who deliberate as a grand jury, but no more than 12 who deliberate as a petit jury, whether in a civil or a criminal trial.

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New Jersey Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue