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Jury Instruction - 2.1 Punitive Damages In General

Jury Instruction - 2.1 Punitive Damages In General

Name: Jury Instruction - 2.1 Punitive Damages In General
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (415 reviews)

Category:

Federal - Jury Instructions - Supplemental Damage

State:

Multi-State

Control #:

US-11C-2-1-0

Format:

Instant download

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Description

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

The amount of punitive damages is left to the jury's discretion. In most states, the jury is instructed to consider both objective and subjective factors.However, in most states, punitive damages are awarded when a defendant's actions are willful, malicious, oppressive, fraudulent, or reckless.

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.

Finally, the United States Supreme Court has set a limit on punitive damages. Punitive damages cannot exceed a 10:1 ratio. In other words, punitive damages cannot be more than 10 times the initial award given.

To determine the amount of punitive damages to award, the Book of Approved Jury Instructions (BAJI) states that the jury should consider: (1) The reprehensibility of the conduct of the defendant.The other twodefendant's financial condition and the relationship to actual damagesare objective measurements.

If juries award greater compensatory damages than do judges for any given case type, then that higher award will boost punitive damages as well. This analysis indicates that juries generate higher compensatory damages as well as higher punitive damages controlling for compensatory damages.

Jurisdictions employ one of three standards of proof in decisions concerning punitive damages: (1) beyond a reasonable doubt, (2) by clear and convincing evidence, and (3) by a preponderance of evidence.

These three "guideposts" include (1) the degree of reprehensibility of the defendants conduct; (2) the reasonableness of the ratio between punitive damages awarded and the actual harm inflicted; and (3) the degree of comparability between the punitive damages awarded and authorized civil and criminal penalties.

While mandated percentage "limits" on a punitive damage award have drawn criticism, awards in excess of these limits have also drawn objection. Again, using California as an example, courts have generally found punitive damages greater than 15 percent of a defendant's net worth to be excessive.

Jury Instruction - 2.1 Punitive Damages In General

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What do most states use as a general guideline for punitive damages?

How much can be awarded for punitive damages?

Should there be a limit on punitive damages?

How are punitive damages determined?

How do juries decide punitive damages?

What is the standard of proof for a punitive damages award?

What are the three guideposts for the amount of punitive damages awarded?

What is the general ratio for a punitive damage to be awarded?

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