Wisconsin Jury Instruction 6.6.1 General Instruction — Comparative Negligence Defense is a crucial part of the state's legal system. It provides guidance to juries during civil trials when determining liability in cases involving multiple parties. Comparative negligence refers to the legal concept that assigns responsibility for damages based on each party's level of fault or negligence. It allows the jury to apportion liability accordingly, rather than holding one party solely responsible. This Wisconsin jury instruction ensures that the jury comprehends the principles of comparative negligence and its application in civil cases. By providing clear instructions, it aids jurors in understanding their role in determining the degree of fault for each party involved. The instruction may cover various scenarios, depending on the specifics of the case. Different variations of Wisconsin Jury Instruction 6.6.1 relating to comparative negligence defense may include: 1. Wisconsin Jury Instruction 6.6.1a — Pure Comparative Fault: This version instructs the jury to determine the percentage of fault for each party involved and allocates damages accordingly. Even if one party is predominantly at fault, the other party's negligence may still factor into the final apportionment. 2. Wisconsin Jury Instruction 6.6.1b — Modified Comparative Fault (50% Bar): In this instruction, the jury is guided on allocating fault and damages. However, if one party's negligence exceeds 50%, they may be barred from recovering any damages. 3. Wisconsin Jury Instruction 6.6.1c — Modified Comparative Fault (51% Bar): Similar to 6.6.1b, this instruction applies the same principles, but with a slight difference in the threshold. If the plaintiff's negligence exceeds 51%, they may be barred from recovering any damages. Wisconsin Jury Instruction 6.6.1 plays a vital role in ensuring fair and just outcomes in civil cases by considering the contributions of all parties involved. This instruction empowers the jury to make informed decisions regarding fault allocation, fostering a more equitable legal system for all parties concerned.
Wisconsin Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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FAQ
Importantly, Wisconsin law requires that all 12 members of that jury in felony cases (sometimes 6 total jurors in a misdemeanor case) agree on a guilty or not guilty verdict. What happens when they don't agree? Courts generally send an instruction back ordering the jurors to agree on a verdict.
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.
520 SUPPLEMENTAL INSTRUCTION ON AGREEMENT Jurors should not be obstinate; they should be open-minded; they should listen to the arguments of others, and talk matters over freely and fairly, and make an honest effort to come to a conclusion on all of the issues presented to them.
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.
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.
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.
515 UNANIMOUS VERDICT AND SELECTION OF PRESIDING JUROR This is a criminal, not a civil, case; therefore, before the jury may return a verdict which may legally be received, the verdict must be reached unanimously. In a criminal case, all 12 jurors must agree in order to arrive at a verdict.
WHAT IS THE COMPENSATION FOR A JUROR? Payment for jury duty is $40.00 per day. The fee is based upon a calendar day of attendance, whether it is one hour or ten hours. Mileage is also paid at the statutory rate per mile for travel expense to and from the Courthouse.