Oklahoma Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue In Oklahoma civil cases, when both the plaintiff and the defendant claim damages or when damages are not an issue, the jury instruction 7.2 is provided to guide the deliberation process. This instruction outlines the duty of the jury to carefully consider the evidence presented by both parties and reach a fair and just decision. It ensures that the jury understands their responsibility to deliberate thoroughly, regardless of whether damages are disputed or not. Key Points: 1. Impartial Deliberation: The Oklahoma jury has an obligation to deliberate impartially and consider all relevant evidence presented by both the plaintiff and the defendant. They must assess the credibility of witnesses, evaluate the strength of arguments, and weigh the merits of each party's claim. 2. Standard of Proof: The jury should rely on the standard of proof established by the court to determine the validity of the claims made by the plaintiff and the defendant. This standard may vary depending on the nature of the case, such as preponderance of the evidence (more likely than not) or beyond a reasonable doubt. 3. Damages Evaluation: If both the plaintiff and the defendant are claiming damages, the jury must assess the evidence provided by each party to determine the extent and validity of the alleged losses. This may involve considering medical bills, property damage, lost wages, emotional distress, pain and suffering, and any other relevant factors. 4. Objective Decision-Making: The jury should strive to make an objective decision based solely on the evidence presented during the trial. They should set aside any personal biases, emotions, or sympathies and focus solely on the facts and legal instructions given by the court. Different Types of Oklahoma Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue: 1. Oklahoma Jury Instruction — 7.2.1: When Both Plaintiff and Defendant Claim Damages — This instruction explains the duty of the jury when both parties in the case are seeking damages. It emphasizes careful evaluation of evidence, assessing damages claims, and making a fair determination. 2. Oklahoma Jury Instruction — 7.2.2: When Damages ArNoiselesssu— - This instruction guides the jury on their duty to deliberate when damages are not a disputed aspect of the case. While damages might not be in question, the jury must still evaluate the other elements of the case and reach a well-founded decision. Overall, Oklahoma Jury Instruction — 7.2 underscores the importance of diligent and impartial deliberation by the jury in civil cases where both the plaintiff and the defendant claim damages or when damages are not in dispute. The instruction aims to ensure a fair trial and a just outcome for all parties involved.
Oklahoma Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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FAQ
The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.
Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is 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.
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.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
Oklahoma Law Regarding Punitive Damages Title 23 §9.1 of the Oklahoma Statutes provides when punitive damages may be awarded and the amount of punitive damages that may be awarded. In actions other than a breach of contract, a jury may order punitive damages as punishment for the defendant and for the sake of example.
I have been named as a defendant in a case, but cannot find an attorney. What do I do? As stated on the summons you received when the complaint was served on you, you have 21 days in which to file an Answer.
Oklahoma Uniform Jury Instructions (civil & criminal only) are also available on Lexis and Westlaw within the Oklahoma databases.
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.