Keywords: Virginia Jury Instruction, 3.3, Breach of Fiduciary Duty, types Virginia Jury Instruction — 3.3 Breach of Fiduciary Duty: In the state of Virginia, when addressing a breach of fiduciary duty in a civil case, the Virginia Jury Instruction — 3.3 is used to guide jurors on the legal principles associated with such claims. This instruction provides essential information to the jury regarding the duty a fiduciary owes to the beneficiary and the consequences of breaching that duty. The instruction covers various aspects, including the definition of fiduciary duty, the standard of care expected of a fiduciary, and the potential remedies available in case of breach. Different types of Virginia Jury Instruction — 3.3 Breach of Fiduciary Duty: 1. Virginia Jury Instruction — 3.3(a— - General Breach of Fiduciary Duty: This type of instruction is commonly used in cases where a fiduciary relationship exists between two parties, such as between an attorney and a client, a trustee and a beneficiary, or an agent and a principal. It covers the basic principles of fiduciary duty and explains how a breach can occur. 2. Virginia Jury Instruction — 3.3(b— - Breach of Fiduciary Duty by Corporate Directors or Officers: This instruction specifically addresses the fiduciary responsibilities of directors and officers of a corporation. It outlines the duties directors and officers owe to the corporation and its shareholders, and the potential liabilities they face if they breach their fiduciary duty. 3. Virginia Jury Instruction — 3.3(c— - Breach of Fiduciary Duty by Real Estate Agents: This instruction focuses on the fiduciary duty owed by real estate agents to their clients, usually buyers or sellers. It explains the duties of loyalty, honesty, and disclosure that real estate agents must fulfill, and the potential consequences of a breach of those duties. 4. Virginia Jury Instruction —'d’dd(d— - Breach of Fiduciary Duty by Executors or Administrators: This instruction applies to cases where an executor or administrator of an estate is accused of breaching their fiduciary duty to the deceased person's beneficiaries. It sets forth the responsibilities of executors or administrators and the consequences of a breach, which may include removal, surcharge, or other appropriate remedies. These various types of Virginia Jury Instruction — 3.3 Breach of Fiduciary Duty aim to ensure that jurors understand the specific context and standards associated with different fiduciary relationships, helping them assess the evidence presented and make informed decisions on the breach of fiduciary duty claims before them.
Virginia Jury Instruction - 3.3 Breach of Fiduciary Duty
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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.
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.
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
Ing to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable.
The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.