Wisconsin Jury Instruction — 1.1 Comparative Negligence Defense is an important legal concept used in civil cases to determine liability and damages when multiple parties are at fault for an incident. This instruction helps the jury understand and apply the principles of comparative negligence when determining compensation for the plaintiff. In Wisconsin, there are three types of Comparative Negligence Instructions that may be applicable depending on the case: 1. Wisconsin Jury Instruction — 1.1: Standard Comparative Negligence: This instruction explains the basic principles of comparative negligence, where damages are apportioned based on the percentage of fault assigned to each party involved in the incident. It provides guidelines for the jury to evaluate the degree of negligence of both the plaintiff and the defendant and assign appropriate percentages of fault. 2. Wisconsin Jury Instruction — 1.1A: Claimant's Comparative Negligence: This instruction is used when the plaintiff is partially at fault for the incident. It guides the jury to determine the degree of negligence of the claimant and the defendant separately. In such cases, the damages awarded to the plaintiff will be reduced by the percentage of fault assigned to them. 3. Wisconsin Jury Instruction — 1.1B: Defendant's Comparative Negligence: This instruction is employed when the defendant alleges that the plaintiff was at least partially responsible for the incident. It instructs the jury to determine the degree of negligence of both the plaintiff and the defendant separately. If the jury finds that the plaintiff was also negligent, the damages awarded to the plaintiff will be reduced by the percentage of fault assigned to them. The purpose of these instructions is to ensure fairness and the proper apportionment of damages based on the degree of fault assigned to each party. By understanding and following these instructions, juries can make informed decisions in civil cases involving multiple negligent parties. Keywords: Wisconsin Jury Instruction, Comparative Negligence Defense, liability, damages, civil cases, multiple parties, incident, principles, compensation, plaintiff, fault, apportionment, percentage, standard comparative negligence, claimant's comparative negligence, defendant's comparative negligence, degree of negligence, fairness, juries, informed decisions.
Wisconsin Jury Instruction - 1.1 Comparative Negligence Defense
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General Verdict. The burden, called the burden of proof, is on the plaintiff to satisfy you by the greater weight of the credible evidence, to a reasonable certainty, that you should find for the plaintiff. If you are not so satisfied, you must find for the defendant.
The Civil, Criminal, and Children's Jury Instructions Committees are standing committees of the Wisconsin Judicial Conference. These committees prepare model jury instructions for Wisconsin circuit court judges. Current committee members are listed on the Wisconsin Judicial Conference committee list.
170 CIRCUMSTANTIAL EVIDENCE It is not necessary that every fact be proved directly by a witness or an exhibit. A fact may be proved indirectly by circumstantial evidence. Circumstantial evidence is evidence from which a jury may logically find other facts ing to common knowledge and experience.
Party to a Crime Section 939.05 of the Criminal Code of Wisconsin provides that whoever is concerned in the commission of a crime is a party to that crime and may be convicted of that crime although that person did not directly commit it.
If you are satisfied beyond a reasonable doubt that the defendant (drove) (operated) a motor vehicle on a highway while under the influence of an intoxicant, you should find the defendant guilty of Count 1. If you are not so satisfied, you must find the defendant not guilty of Count 1.
158 RECORDING PLAYED TO THE JURY You are about to (hear an audio recording) (hear and view an audiovisual recording). Recordings are proper evidence and you may consider them, just as any other evidence. Listen carefully; some parts may be hard to understand.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.