Washington Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn. WPI 0.10 Introduction to Washington's Pattern Jury Instructions for Civil ... westlaw.com ? wciji ? Document westlaw.com ? wciji ? Document
Willful misconduct is intentional. Wanton misconduct is indifference for the safety of others. As stated by the court: [W]ilful misconduct is characterized by intent to injure, while wantonness implies indifference as to whether an act will injure another. WPI 14.01. Willful Misconduct and Wanton Misconduct?Defined westlaw.com ? wciji ? Document westlaw.com ? wciji ? Document
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
In numbers, clear and convincing evidence is about 75% likely. In other words, a factfinder (or a judge or jury) must be able to use the evidence presented to determine that it is highly and substantially more likely that a particular fact is true rather than untrue. Proof Beyond a Reasonable Doubt ? How is it Defined? shouselaw.com ? blog ? proof-beyond-a-rea... shouselaw.com ? blog ? proof-beyond-a-rea...
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.
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.
The difference is this: to act knowingly is to act with knowledge of what one is doing, that is, to act with the intent to do the act that is proscribed by the law. To act willfully requires that the defendant act with knowledge of what the law proscribes and to act in violation of the law, knowing that he is doing so. Jury Instructions - Intent / Willfulness - Casetext Casetext ? analysis ? jury-instructions-inten... Casetext ? analysis ? jury-instructions-inten...