Virginia Jury Instruction - 2.2.1 First Amendment Claim Prisoner Alleging Denial Of Access To Courts
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FAQ
There may be more than one proximate cause for the same injury. The acts of different persons, though otherwise independent, may concur in producing the same injury. In such a case all would be liable.
The question of proximate cause in this context is ordinarily for the jury unless the facts are undisputed and do not admit reasonable differences of opinion, in which case cause in fact is a question of law for the court.
?Proximate cause? means a cause which in direct sequence [unbroken by any new independent cause] produces the injury complained of and without which such injury would not have happened. [There may be more than one proximate causes of an injury.] Use this instruction to explain causation.
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.
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%.
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.
9.000 states, in relevant part, that the jury may consider the following: (1) Bodily injuries sustained and their effect on Plaintiff's health ing to their degree and probable duration; (2) Any Physical pain and mental anguish suffered in the past and any he may reasonably suffer in the future; (3) Any ...