Washington Jury Instruction - 5.1 Claim By Contractor Counterclaim By Owner
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How to fill out Jury Instruction - 5.1 Claim By Contractor Counterclaim By Owner?
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Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
The pattern instructions are designed as simple, brief, unbiased statements of the law which are free from argument.
The Washington Pattern Instructions (WPI) Committee writes pattern jury instructions to assist the trial judge and the attorneys in preparing clear, accurate, and balanced jury instructions for individual civil cases.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
?Three elements must be established in order to sustain a claim based on unjust enrichment: a benefit conferred upon the defendant by the plaintiff; an appreciation or knowledge by the defendant of the benefit; and the acceptance or retention by the defendant of the benefit under such circumstances as to make it ...
WPIC 35.25 Assault?Fourth Degree?Gross Misdemeanor?Definition. A person commits the crime of assault in the fourth degree when he or she commits an assault. Use this instruction only for the gross misdemeanor offense of assault in the fourth degree charged under RCW 9A. 36.041(1)(2).
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
WPIC 2.13 Malice?Maliciously?Definition. Malice and maliciously mean an evil intent, wish, or design to vex, annoy, or injure another person. [Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.]