New Jersey Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior is a legal instruction provided to a jury in New Jersey courts that pertains to the doctrine of respondent superior. This instruction helps the jury understand the legal principles surrounding the liability of an employer or principal for the actions of their employees or agents. Respondent superior, also known as vicarious liability, is a legal concept that holds an employer or principal responsible for the negligent or wrongful acts committed by their employees or agents while acting within the scope of their employment or agency. This principle is based on the rationale that employers or principals benefit from the services rendered by their employees or agents and should therefore be held accountable for any harm caused by their actions. There are various aspects and issues related to respondent superior that the New Jersey Jury Instruction — 1.9.1 covers. These issues may include: 1. Scope of employment: The instruction explains that an employer or principal can be held liable only if the employee or agent's actions occurred within the scope of their employment or agency. This scope is determined by the nature of the employee's duties and the time and place of the actions. 2. Independent contractors: The instruction may discuss the distinction between employees and independent contractors. It clarifies that an employer may not be held liable for the actions of an independent contractor unless specific conditions are met, such as control over the contractor's work or a non-renewable duty. 3. Negligent hiring, supervision, or retention: The jury instruction may address the concept of negligent hiring, supervision, or retention. It explains that an employer may be held liable if they knew or should have known of an employee's unfitness for the job and their potential to cause harm. 4. Frolic and detour: The instruction might touch upon the concept of "frolic and detour," which refers to situations where an employee substantially deviates from their employment duties, relieving the employer of liability for the employee's actions during such deviations. 5. Intentional acts: The instruction may discuss whether an employer can be held liable for the intentional acts of their employees. It explains that an employer may be liable if the employee's actions were closely related to their employment, regardless of the malicious intent. 6. Non-renewable duties: In certain cases, the instruction might cover the concept of non-renewable duties. Non-renewable duties are those that an employer or principal cannot transfer to another party, and they remain responsible for the actions even if committed by an independent contractor or agent. These are some various miscellaneous issues that can be addressed within the New Jersey Jury Instruction — 1.9.1 pertaining to respondent superior. It is crucial for the jury to understand these concepts in order to make an informed decision regarding the liability of the employer or principal in a given case.
New Jersey Jury Instruction - 1.9.1 Miscellaneous Issues Respondent Superior
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The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
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.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
The jury never sees untrustworthy, irrelevant, or prejudicial evidence, as it is excluded by the judge. But when there is no jury, the judge sees all the evidence and can't unsee it. It might be difficult for a judge to disregard inadmissible evidence, no matter how unbiased and conscientious the judge might be.
Changes include using state labor records to generate jury lists, instead of relying primarily on voter information; including questions about a potential juror's gender, race, and ethnicity in qualification questionnaires; and requiring implicit bias training for potential jurors, judges, and court staff.
The term "preponderance of the evidence" means that amount of evidence that causes you to conclude that the allegation is probably true. To prove an allegation by the preponderance of the evidence, a party must convince you that the allegation is more likely true than not true.