This form is a sample set of jury instructions regarding the type of damages to be awarded.
New York Jury Instruction - Personal Injury
State:
Multi-State
Control #:
US-PI-0273
Format:
Word;
Rich Text
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How to fill out Jury Instruction - Personal Injury?
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FAQ
The " Special Use doctrine" applies when a structure erected on public land has the affect of causing the adjoining private property owner to derive a special benefit from that land. This issue was discussed in the case of Hood v 288 St. Nick LLC 2013 N. Y.
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.
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).
New York's contributory negligence law allows injured individuals to recover compensation for their injuries in proportion to the fault of others. Compensation is diminished by whatever percentage of fault is attributable to the injured party.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably 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. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
Generally, the ?open and obvious danger? doctrine holds that a landowner has no duty to warn of open and obvious dangers. See, Tagle v. Jakob, 97 N.Y. 2d 165, 169, 737 N.Y.S.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.