A manufacturer delivers a new tractor to Farmer Ted on the first day of the harvest season. But the tractor will not start. It takes two weeks for the right parts to be delivered and installed.
A manufacturer delivers a new tractor to Farmer Ted
A manufacturer delivers a new tractor to Farmer Ted on the first day of the harvest season. But the tractor will not start. It takes two weeks for the right parts to be delivered and installed. The repair bill comes to $1,000. During the two weeks, some acres of Farmer Ted’s crops die. He argues in court that his lost profit on those two acres is $60,000. The jury awards the full $1,000 for the tractor repairs, and $60,000 for the lost crops. Identify the two types of awards. Is it fair that Farmer Ted received 60 times the value of the repair bill for his lost crops?
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How the Jury “Calculates” Your Personal Injury Award
Reviewing the Evidence in an Injury Case
Most jurors pay reasonably close attention to the evidence during the trial. Most courts now allow jurors to take notes during the trial.
But when they begin their deliberations in the jury room after the trial, jurors will usually review the evidence quite closely with each other.
They cannot have a transcript of the testimony; they must rely on their memories and their notes, but they are allowed to have all of the trial exhibits with them.
They will usually discuss the evidence until they are all satisfied that they have a good handle on how the accident happened.
In an easy case, that could take less than an hour, but, in a more complex case, that could take days.
After they have figured out the facts, the jurors will turn to the law.
Applying the Law: Jury Instructions vs. Emotional Appeal
Judges give juries lengthy jury instructions.
They generally give these instructions at the end of the trial, but some judges give some of the instructions at the beginning or in the middle of the trial.
All judges give their instructions orally, but many judges now also give a copy of the instructions to the jurors in writing.
The instructions cover every aspect of the jury’s deliberations.
They explain how the jurors should deliberate, how they should analyze the witnesses and the evidence, and then explain the law of the case in detail.
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