Virginia Jury Instruction - 1.1 Comparative Negligence Defense

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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.

Virginia Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction given to the jury during a civil trial in the state of Virginia. It provides guidance on how to assess and assign liability in cases where the plaintiff's own negligence contributed to their injuries or damages. Keywords: Virginia Jury Instruction, Comparative Negligence Defense, civil trial, liability, plaintiff, negligence, injuries, damages. This jury instruction is designed to aid the jury in determining the extent to which both the plaintiff and the defendant are responsible for the harm caused. It recognizes that in certain situations, more than one party may be at fault for an accident or injury. The instruction assists the jury in calculating damages based on the degree of fault assigned to each party involved. Under the comparative negligence defense, the jury evaluates the actions of both the plaintiff and the defendant and assigns a percentage of fault to each. In Virginia, there are two variations of Jury Instruction — 1.1 Comparative Negligence Defense: 1.1.01 Pure Comparative Negligence Defense: This instruction is applicable when both the plaintiff and the defendant have contributed to the accident or injury. It allows the jury to allocate fault on a percentage basis. For example, if the jury determines that the plaintiff is 30% responsible and the defendant is 70% responsible, any damages awarded to the plaintiff will be reduced by 30% to reflect their degree of fault. 1.1.02 Modified Comparative Negligence Defense (50% Bar Rule): This instruction applies when the plaintiff's fault is below a certain threshold, usually set at 50%. If the plaintiff's fault exceeds this threshold, they are barred from recovering any damages. However, if the plaintiff is found to be less than 50% responsible, their awarded damages will be reduced in proportion to their assigned percentage of fault. It is important to note that the specific language used in Virginia Jury Instruction — 1.1 Comparative Negligence Defense may vary depending on the unique circumstances of the case and the instructions provided by the presiding judge. Jurors are instructed to carefully consider the evidence presented during the trial and apply their understanding of negligence law to reach a fair and just decision.

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FAQ

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.

In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.

Although the singer Meatloaf has said that ?two out of three ain't bad,? under Wisconsin law, five-sixths of the jurors (10 out of 12 jurors on a 12-person jury)1 must agree on all issues necessary to support a judgment in a civil case.

The Model Jury Instruction Committee is comprised of outstanding and experienced Virginia judges, practicing attorneys, and law professors who devote substantial time in the maintenance of this essential litigation resource.

The law requires twelve (12) jurors to be seated in a criminal case, only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a litigant ?guilty? or ?not guilty? by unanimous vote. In civil cases the law requires a vote of at least three-fourths of the jury to reach a verdict.

For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.

Yes. Every juror must agree on the verdict. This is known as a unanimous verdict. If the jury cannot agree, then the judge must declare a mistrial.

A proximate cause of [an accident; an injury; damages; death] is a cause that, in natural and continuous sequence, produces the [accident; injury; damage; death]. It is a cause without which the [accident; injury; damage; death] would not have occurred.

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Virginia Jury Instruction - 1.1 Comparative Negligence Defense