Wisconsin Jury Instruction — 1.9.1 is a set of guidelines provided to juries in Wisconsin courts to navigate the legal concept of "Respondent Superior" in miscellaneous issues. This instruction aims to clarify the responsibilities and liabilities of employers for their employees' actions, especially in situations where the employee causes harm or injury to others. Respondent Superior, also known as vicarious liability, is a legal doctrine that holds employers accountable for the actions of their employees when performed within the scope of their employment. This instruction educates jurors about the various aspects of Respondent Superior and helps them make informed decisions during a trial. Under this instruction, jurors may encounter different types of cases involving Respondent Superior, such as: 1. Negligence Claims: In cases where an employee's negligence causes harm to another person, this instruction helps jurors determine whether the employer can be held liable for their employee's actions. 2. Employment Relationships: This instruction assists jurors in understanding the nature of the employment relationship between the employer and employee. It establishes whether the employee was acting within the scope of their employment at the time of the incident. 3. Course and Scope of Employment: This aspect of the instruction focuses on whether the employee's actions were part of their job duties or performed in furtherance of their employer's interests. Jurors consider factors such as time, location, and the nature of the employee's actions. 4. Independent Contractor: The instruction also clarifies that an employer generally has no liability for the actions of independent contractors since they are not considered employees. However, exceptions may apply in certain circumstances, such as if the employer exerted control over the contractor's work. 5. Acting Outside Scope of Employment: Sometimes, an employee may engage in activities unrelated to their job responsibilities. This instruction helps jurors evaluate if the employer can be held liable when an employee acts beyond the scope of their employment. Overall, Wisconsin Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior is designed to provide jurors with critical information regarding the legal principle of Respondent Superior. By understanding the nuances and key elements of this doctrine, jurors can make well-informed decisions regarding the liability of employers for their employees' actions.
Wisconsin Jury Instruction - 1.9.1 Miscellaneous Issues Respondent Superior
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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 jury never sees untrustworthy, irrelevant, or prejudicial evidence, as it is excluded by the judge. But when there is no jury, the judge sees all the evidence and can't unsee it. It might be difficult for a judge to disregard inadmissible evidence, no matter how unbiased and conscientious the judge might be.
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.
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.
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.