West Virginia Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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How to fill out Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff And Defendant Claim Damages Or When Damages Are Not An Issue?
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FAQ
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.
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.
In contract law, duress is used as a form of defense to a crime where the defendant uses threats to force the plaintiff to commit a crime that is against their wishes. A party who is forced into an act or contract under duress can rescind the contract, rendering it null and void.
1 Introduction. Duress is an excuse-based defence[1] that is closely related to necessity. Simply put, it can excuse a criminal offence that the accused has committed in response to a threat of death or bodily harm from another person.
Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
Primary tabs. Duress refers to a situation where one person makes unlawful threats or otherwise engages in coercive behavior that causes another person to commit acts that they would otherwise not commit.
Three primary types of duress include physical duress (physical harm threats), economic duress (financial threats), and psychological duress (manipulation, deceit, or emotional pressure).
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.