Pennsylvania Jury Instruction - 1.1 Duty To Mitigate In General

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US-11C-1-1-0
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

§ 18-1-406. Except as otherwise provided in subsection (7) of this section, every person accused of a felony has the right to be tried by a jury of twelve whose verdict shall be unanimous. In matters involving misdemeanors, the accused is entitled to be tried by a jury of six.

Amendment VII The jury trial is a vital part of America's system of checks and balances. ?Checks and balances? means that the judicial branch of government is equal to the other two branches (executive and legislative) and the courts can overturn laws or acts of government that violate constitutional rights.

Instruction 501.5(c), as amended, sets out the proposition that if the defendant caused the injury, loss, or damage to the claimant, he or she is responsible for any injury, loss, or damage caused by medical care or treatment reasonably obtained by the claimant.

Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.

If the case is being tried before a jury, the judge instructs the jury on how to apply the law to the case. Jurors deliberate privately to determine the outcome of a case. In criminal cases, a jury determines whether a defendant is guilty or not guilty and, in some cases, determines a penalty.

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.

Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand?petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment. (Baldwin v. New York, 399 U.S. 66 (1970).)

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Pennsylvania Jury Instruction - 1.1 Duty To Mitigate In General