Oklahoma Jury Instruction — 1.1 Comparative Negligence Defense provides a comprehensive guideline for the jury to understand the concept of comparative negligence in civil cases. The instruction aims to assist the jury in assessing the proportionate fault of all parties involved when determining liability and damages. Comparative negligence is a legal defense strategy commonly employed in personal injury lawsuits and other civil cases in Oklahoma. This defense allows the defendant to argue that the plaintiff's own negligence contributed to their injuries or damages, thus reducing the defendant's liability. The instruction emphasizes that the jury must consider all relevant evidence presented during the trial, including witness testimonies, expert opinions, and documented facts. The instruction also explains the various types of comparative negligence and instructs the jury to determine the percentage of fault attributable to each party. There are different types of Oklahoma Jury Instruction — 1.1 Comparative Negligence Defense, including: 1. Pure Comparative Negligence: In this form of comparative negligence, the jury is required to assign a percentage of fault to each party involved in the case, regardless of the plaintiff's share. The plaintiff is still eligible to recover damages, but the amount awarded is reduced by their proportionate fault. 2. Modified Comparative Negligence — 50% Bar Rule: Under this rule, the plaintiff can only recover damages if their percentage of fault is less than or equal to 50%. If the plaintiff's fault exceeds 50%, they are barred from recovering any compensation. 3. Modified Comparative Negligence — 51% Bar Rule: Similar to the previous rule, this variation imposes a higher threshold of fault. The plaintiff can only recover damages if their fault is less than or equal to 51%. If their fault exceeds this percentage, they are barred from receiving compensation. The instruction further instructs the jury on how to apply the assigned percentages of fault while determining the damages. The jury is required to reduce the awarded damages by the plaintiff's share of fault accordingly. The instruction ensures that fairness and equity prevail in assessing legal liability in Oklahoma. In conclusion, Oklahoma Jury Instruction — 1.1 Comparative Negligence Defense serves as a crucial tool for the jury in understanding and applying the principles of comparative negligence in civil cases. The instruction enables the jury to fairly evaluate all parties' contributions to a given incident and arrive at a just and proportional allocation of fault and damages.
Oklahoma Jury Instruction - 1.1 Comparative Negligence Defense
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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.
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 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.
Jury trials can last anywhere from less than one day to many weeks in length. The majority of our trials in the Northern District of Oklahoma last 3 to 5 days. If you are subject to a lengthy trial, you will have an opportunity to advise the court that a long trial would be a problem for you.
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.