Oregon Jury Instruction — 1.1 Comparative Negligence Defense is an important legal concept that comes into play in personal injury cases. This instruction provides guidance to the jury regarding how to allocate fault between the parties involved in a lawsuit. Comparative negligence defense allows the jury to determine the proportion of negligence attributable to each party and adjust any damages awarded accordingly. In Oregon, there are two types of comparative negligence defenses that may apply depending on the circumstances of the case: 1. Pure Comparative Negligence: This type of defense allows the jury to assign a percentage of fault to all parties involved, including the plaintiff. Even if the plaintiff is found to be primarily responsible for their injuries, they are still entitled to recover damages from the other parties involved, albeit reduced by their own percentage of fault. 2. Modified Comparative Negligence (50% Rule): Under this defense, the plaintiff can only recover damages if they are found to be less than 50% at fault for the incident. If the plaintiff's percentage of fault is 50% or more, their recovery of damages is barred. When presenting their case, the defendant may argue that the plaintiff was partly responsible for their injuries due to their own negligence or failure to exercise reasonable care. Additionally, the defense may allege that the plaintiff's negligence contributed to the accident or incident, and thus should be considered when apportioning fault. Oregon Jury Instruction — 1.1 Comparative Negligence Defense emphasizes the importance of the jury considering all relevant evidence and arguments presented by both the plaintiff and the defendant. The instruction guides the jury on how to weigh the evidence and allows them to determine the percentages of fault assigned to each party involved. It is important to note that the jury is responsible for applying the comparative negligence defenses appropriately based on the facts presented in the case. The instruction ensures that the jury applies the correct legal principles while analyzing the evidence and making a fair and just decision. In summary, Oregon Jury Instruction — 1.1 Comparative Negligence Defense is a critical component of personal injury cases. It provides the jury with guidelines on how to assess fault and allocate damages based on the principles of comparative negligence. Understanding and applying this instruction correctly ensures a fair and just outcome for all parties involved in a legal dispute.
Oregon Jury Instruction - 1.1 Comparative Negligence Defense
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Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
Oregon law has a modified comparative negligence law where the plaintiff can still collect as long as the fault attributed to him or her doesn't exceed 50% of the total fault.
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.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
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.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.