How do juries determine liability?
Juries determine liability in civil proceedings in Nebraska by deciding whether the plaintiff has proven the defendant’s negligence or breach of duty. Negligence is when a person does not meet the level of care expected of a normal, reasonable person. Breach of duty happens when a party to a contract fails to fulfill the obligations in the agreement. Once the jury is presented with the evidence, they must listen to the instructions of the judge and consider the facts presented to decide whether the defendant is liable. The jury must decide whether the plaintiff has proven the case elements by a preponderance of the evidence, which means that the plaintiff must prove that what they are claiming is more likely to be true than not. To help make their decision, the jurors are instructed to list out the claims the plaintiff is making, including any damages that resulted from the defendant’s actions. The jury must then decide whether the plaintiff has proven that the defendant’s negligence is the cause of the plaintiff’s damages. The jury will also consider any defenses put forth by the defendant and decide if they are true and sufficient. If the jury finds that the defendant is liable for the damages, then they will award compensation to the plaintiff.
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