11/16/2010 11:55:00 AM EST
Jury Instructions on Damages in Tort Actions
Jury Instructions on Damages in Tort Actions is a valuable resource to help lawyers write jury instructions that spell out a clear statement of the issues, a discussion of the evidence, and an explanation of the principles of a case. It provides recent cases supporting each instruction, including relevant law review articles and annotations to American Law Reports. The instructions relate to such topics as punitive damages, causation, comparative negligence, personal injuries, wrongs involving intangible property, misrepresentations, malpractice, and collateral sources of benefits. Click the chapter links below to learn more, and purchase by chapter.
Chapter 1: Instructions of General Application in Tort Actions
This chapter from Jury Instructions on Damages in Tort Actions provides sample general jury instructions as well as related commentary and references. This chapter includes preliminary jury instructions explaining that is up to the jury's discretion to award tort damages, but only if they first find that the defendant is liable to the plaintiff and that the plaintiff has suffered damages. In addition, this chapter includes instructions: (1) requiring the jury to deliberate with dispassionate impartiality and to avoid double recovery; and (2) explaining that the plaintiff must prove each element of damages by a preponderance of the evidence.
Chapter 2: Punitive Damages
This chapter from Jury Instructions on Damages in Tort Actions provides sample jury instructions on punitive damages, with related commentary and references, including United States Supreme Court decisions on the topic of punitive damages.
Chapter 3: Joint Tortfeasors
This chapter from Jury Instructions on Damages in Tort Actions provides sample jury instructions for use in cases involving joint tortfeasors, with related commentary and references. This chapter includes alternative instructions explaining the concepts of: (1) joint and several liability; and (2) apportionment between joint tortfeasors.
Chapter 4: Causation
This chapter from Jury Instructions on Damages in Tort Actions provides sample jury instructions explaining the element of causation in tort cases, as well as related references and commentary. This chapter provides instructions explaining to the jury that the defendant is only required to compensate the plaintiff for those damages that plaintiff has proven to a reasonable certainty to have been a direct consequence of the wrong. Furthermore, this chapter includes instructions describing the burden of proof the plaintiff must bear, which is known as the "preponderance" or "greater weight" of the evidence standard.
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