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2.7-1 Separation of Liability and Damages
Revised to January 1, 2008
In a general sense, a civil trial such
as this has two issues: liability and damages. You will reach the issue of
damages only if you find liability in favor of the plaintiff. If you find that
liability is established, you will have occasion to apply my instructions
concerning damages. If you find that liability has not been established, then
you will not consider damages. The fact that I am instructing you on both
liability and damages should not be taken by you as any indication as to how the
court would decide liability. Rather, my charge includes both liability and
damages because I must give you instructions on all the issues in the case.
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