New Mexico Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior is an important legal concept in the state of New Mexico. It addresses the liability of employers for the negligent actions or omissions of their employees while acting within the scope of their employment. This concept holds employers responsible for the actions of their employees, as long as those actions occurred in the course of their employment duties. Respondent Superior is a Latin term that translates to "let the master answer." It establishes the principle that an employer can be held legally liable for the harm caused by an employee's negligence, even if the employer was not directly involved in the act or omission. This jury instruction provides guidance to the jury in cases where the issue of respondent superior arises. It helps clarify the legal standard that applies to determine whether an employer should be held responsible for the negligent actions of their employee. By providing clear instructions, it ensures that the jury understands the criteria necessary to find an employer liable under respondent superior. There are various scenarios where respondent superior may come into play. For example, if an employee causes a car accident while driving a company vehicle during work hours, the employer could be held responsible for any resulting damages. Likewise, if an employee's negligent actions harm a customer while on the job, the employer may be deemed liable under respondent superior. It's important to note that there can be variations or different versions of New Mexico Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior depending on specific circumstances and legal requirements. For instance, there may be different instructions relating to different types of employers, such as corporations, government entities, or individual employers. These instructions may address nuanced differences in liability requirements, such as whether the employer had control over the employee's actions or if the actions were within the scope of employment. In conclusion, New Mexico Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior is a crucial component of the state's legal system. It ensures that employers are held accountable for the actions of their employees, providing a legal recourse for individuals who have suffered harm due to an employee's negligence. By applying respondent superior, the legal system promotes fairness and justice in addressing personal injury cases involving employers and employees.
New Mexico Jury Instruction - 1.9.1 Miscellaneous Issues Respondent Superior
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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.
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.
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.
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.
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.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.