Ohio Jury Instruction — 1.1 Duty To Mitigate In General Ohio Jury Instruction — 1.1 Duty To Mitigate In General refers to a legal instruction that outlines the duty of a plaintiff to take reasonable steps to minimize or mitigate the damages caused by the defendant's actions. It is a crucial concept in Ohio civil law that is based on the principle of fairness and aims to prevent the plaintiff from seeking excessive compensation. The duty to mitigate requires the plaintiff to make reasonable efforts to minimize the harm or losses resulting from the defendant's actions. This duty arises in various types of civil cases, including personal injury, breach of contract, property damage, and more. Under Ohio law, the duty to mitigate imposes certain obligations on the plaintiff. The specific instructions provided to the jury may vary depending on the type of case, but the general principles remain consistent. In personal injury cases, for example, the duty to mitigate may require the plaintiff to seek prompt medical attention, follow prescribed treatment plans, and avoid exacerbating their injuries. Failure to do so could potentially reduce the amount of compensation that the plaintiff is entitled to recover. In contract disputes, the duty to mitigate typically obliges the plaintiff to take reasonable steps to minimize their financial losses resulting from a breach. This may involve actively searching for alternative employment or suppliers, negotiating with other parties, or pursuing other reasonable opportunities to mitigate the damages. Failure to fulfill the duty to mitigate can have significant consequences for the plaintiff. If the defendant can prove that the plaintiff did not make reasonable efforts to mitigate, the court may reduce the amount of damages awarded accordingly. The burden of proof generally lies with the defendant to present sufficient evidence of the plaintiff's failure to mitigate. Overall, Ohio Jury Instruction — 1.1 Duty To Mitigate In General serves as a guiding principle to ensure fairness and reasonableness in civil litigation. By emphasizing the duty of the plaintiff to minimize damages, it encourages parties to act responsibly and reasonably throughout the legal process. Note: It is important to consult with a legal professional to understand the specific jury instructions and legal requirements related to the duty to mitigate in a particular case.
Ohio Jury Instruction - 1.1 Duty To Mitigate In General
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The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
How are jurors selected? Approximately one-half of one percent of the names obtained from the Ohio Secretary of State voter registration lists and the Bureau of Motor Vehicle lists are randomly selected for placement in the master jury wheels for each of the three divisions.
The Ohio Jury Instructions (OJI) Committee drafts Ohio Jury Instructions for newly enacted legislation and updates existing instructions as needed and required by intervening legal opinions or events.
The law requires twelve (12) jurors to be seated in a criminal case and only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a defendant ?guilty? or ?not guilty? by a unanimous vote.
Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.