Virginia Jury Instruction - Obstruction Of Correspondence - Taking Of Mail
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FAQ
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.
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%.
?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.
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.
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.
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.
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 ...