South Dakota Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk is a legal guideline provided to juries in South Dakota to assist them in understanding the concept of defenses of misuse and assumption of risk in a legal case. Keywords: South Dakota, Jury Instruction, 2.1, Defenses, Misuse, Assumption of Risk. In South Dakota, the jury instructions are designed to guide the jury's decision-making process by providing them with clear instructions on the applicable legal principles and defenses in a particular case. This particular instruction, 2.1, focuses on two specific defenses: misuse and assumption of risk. 1. Misuse Defense: Under this defense, a defendant argues that the plaintiff's injuries or damages were not caused due to any negligence or fault on their part, but rather due to the plaintiff's misuse of the product or failure to use it as intended. The jury is instructed to consider if the plaintiff used the product in a manner that was not reasonably foreseeable or if they failed to follow instructions or warnings provided by the defendant. 2. Assumption of Risk Defense: This defense asserts that the plaintiff voluntarily assumed the known risks associated with a certain activity or situation and therefore cannot hold the defendant liable for any resulting damages. The jury is provided with instructions to evaluate whether the plaintiff was aware of the risk involved, understood the nature of the risk, and willingly chose to proceed despite it. These defenses can significantly impact the outcome of a case, as they may absolve the defendant of liability or reduce the damages awarded to the plaintiff. It is crucial for jurors to comprehend these defenses and apply them appropriately based on the evidence presented during the trial. It's worth noting that while South Dakota Jury Instruction — 2.1 specifically refers to defenses of misuse and assumption of risk, there may be variations or modifications depending on the specific circumstances of each case. Different types of South Dakota Jury Instructions may exist to cover other defenses or aspects of the law, but they would be assigned different numbers or labels distinct from 2.1.
South Dakota Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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Individuals with a South Dakota medical marijuana card, caregivers, and non-resident patients are allowed to purchase and possess up to three ounces of cannabis products at a state-licensed dispensary.
34-20G-74 Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification. 34-20G-75 Intentional cannabis sale or transfer by cardholder to unauthorized person as felony.
Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Possession of more than 2 ounce ? 0.5 lb is a Class 6 felony, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
22-32-8. Third degree burglary--Felony. Any person who enters or remains in an unoccupied structure, other than a motor vehicle, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of third degree burglary.
Codified Law 22-6-1 | South Dakota Legislature. 22-6-1. Felony classes and penalties--Restitution--Habitual criminal sentences. (9) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both.