Puerto Rico Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction given to jurors in Puerto Rico regarding the concept of comparative negligence defense. This instruction is crucial in cases where the plaintiff alleges negligence on the part of the defendant, but the defendant seeks to argue that the plaintiff's own negligence contributed to their injuries or damages. The purpose of this instruction is to provide jurors with a framework to assess and apportion fault between the plaintiff and the defendant in determining liability and potential damages. By understanding the principles of comparative negligence, jurors can evaluate the actions or inaction of both parties and assign percentages of fault accordingly. There are two types of comparative negligence doctrines commonly used in Puerto Rico: 1. Pure Comparative Negligence: This type allows the plaintiff to recover damages even if the percentage of fault attributed to them is greater than the defendant. For example, if the jury determines that the plaintiff is 75% at fault and the defendant is 25% at fault, the plaintiff can still recover compensation, but it would be reduced by their allocated fault percentage (in this case, by 75%). 2. Modified Comparative Negligence with a 50% Bar Rule: Under this type, the plaintiff can only recover damages if their percentage of fault is equal to or less than the defendant's percentage of fault. If the jury finds that the plaintiff's fault is greater than 50%, they are barred from recovering any compensation. However, if the plaintiff's fault is 50% or less, they can still recover damages, but the amount will be reduced in proportion to their assigned fault percentage. In Puerto Rico, it is important for jurors to understand the concept of comparative negligence and its different types to ensure a fair and just assessment of liability. The Puerto Rico Jury Instruction — 1.1 Comparative Negligence Defense provides them with the necessary guidance to consider the actions of both parties and distribute fault accordingly. By doing so, jurors can contribute to the proper resolution of civil cases, promoting equity and justice in Puerto Rico's legal system.
Puerto Rico Jury Instruction - 1.1 Comparative Negligence Defense
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Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
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.
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.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
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.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
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.
Many federal circuits have pattern jury instructions formulated by committees of judges and practitioners and approved by the circuit for use in criminal cases.