West Virginia Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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These official Judicial Council of California Civil Jury Instructions are referred to as "CACI" (pronounced "Casey"), which stands for California Civil Instructions. Advisory Committee on Civil Jury Instructions.
The defendant must prove [duress] [coercion] [compulsion] by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
"Punitive damages" are awarded against a defendant for the purpose of punishing the defendant for its misconduct, or to deter one or both Defendants and others like such defendant from committing such conduct in the future.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
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.
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.
In addition to compensatory damages, juries in some cases may also award punitive damages, a class of damages which serve to punish unlawful conduct and to deter similar future conduct. BMW of North Am., Inc. v. Gore, 517 U.S. 559, 568 (1996).