New York Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
The Impact on Criminal Proceedings The requirement of proof beyond a reasonable doubt acts as a safeguard against wrongful convictions and ensures that the presumption of innocence is upheld. It places a heavy burden on the prosecution to present compelling and credible evidence, leaving no room for lingering doubts.
A breach of fiduciary duty occurs when the fiduciary acts in his or her own self-interest rather than in the best interests of those to whom they owe the duty.
A hung jury is when the members of a jury are unable to reach a unanimous decision on whether or not the accused party is guilty beyond reasonable doubt. This occurs when there are opposing opinions among the jurors regarding the outcome of the case.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
Reasonable doubt is legal terminology referring to insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. It is the traditional standard of proof that must be exceeded to secure a guilty verdict in a criminal case in a court of law.
In New York, an attorney will need to prove the following elements to establish a breach of fiduciary duty by a defendant: a fiduciary relationship between the plaintiff and the defendant, misconduct by the defendant, and damages caused by the misconduct.
The 'missing witness' instruction allows a jury to draw an unfavorable inference when a party fails to call a witness who would normally be expected to support that party's version of events (People v Savinon, 100 NY2d 192, 196 [2003]).
Unjust enrichment occurs when another person has unfairly benefitted from their actions or property. There are three essential elements: (i) a measurable benefit was conferred on the defendant; (ii) the defendant consciously accepted the benefit; and (iii) the benefit was not conferred officiously or gratuitously.