Keywords: Washington Jury Instruction 7.1, duty to deliberate, plaintiff claims damages, different types Description: Washington Jury Instruction 7.1 deals with the duty of jurors to deliberate when only the plaintiff claims damages in a legal case. This instruction is crucial in ensuring a fair and thorough examination of the evidence presented during the trial. Jurors are expected to fulfill their responsibility by carefully considering the information, facts, and arguments put forward by both the plaintiff and defense. The purpose of Washington Jury Instruction 7.1 is to emphasize that even if there is only one party seeking damages, jurors must still engage in deliberations and reach a verdict that is guided by the evidence. Their role is not simply to accept the plaintiff's claims at face value, but to actively evaluate the credibility and weight of the evidence presented. This instruction serves to remind jurors that their duty is to assess the entire case impartially, regardless of whether the defendant has made counterclaims or not. It safeguards against biases or preconceived notions that may arise due to the absence of competing damage claims. While Washington Jury Instruction 7.1 may not have specific variations or subtypes, its application may differ depending on the nature of the case. Whether it involves personal injury, property damage, or other types of claims, this instruction remains relevant in all cases where only the plaintiff claims damages. Different elements and evidence pertaining to the specific case will be presented to the jury, but their duty to deliberate remains constant. In summary, Washington Jury Instruction 7.1 emphasizes the vital role of jurors in deliberating and reaching an unbiased decision when only the plaintiff claims damages. It ensures that jurors examine the evidence objectively and do not solely rely on the plaintiff's assertions. By following this instruction, jurors contribute to a fair and just legal process.
Washington Jury Instruction - 7.1 Duty To Deliberate When Only The Plaintiff Claims Damages
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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.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
WPI 303.06 (7th ed.) A plaintiff who sustains damage as a result of a defendant's breach of contract has a duty to minimize the loss suffered by plaintiff. The plaintiff is not entitled to recover for any part of the loss that plaintiff could have avoided with reasonable efforts.
The question of proximate cause in most tort cases is to be resolved by the jury. The jury is the finder of fact. The jury is called upon to decide whether the negligent conduct was a near cause. If the jury answers that question with a Yes then the plaintiff wins.
Punitive damages are not designed to compensate the plaintiff, but to deter others from engaging in similar wrongful behavior. While the plaintiff will receive the monetary award, the primary purpose of punitive damages is to punish the defendant.
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.
To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious, which are adjectives adopted by McIntyre J., writing for the majority in Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R.
Proximate Cause: Some courts have scrapped but-for cause altogether, and simply apply the doctrine of proximate cause. Under this test, a defendant whose actions are closely enough related to the result is guilty.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.