Record that malice is disregarded unless it affects the harm
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- On the damages worksheet, record that in awarding damages the malice or other state of mind of the defendant is disregarded, at the time of publication or at any other time, except to the extent that it affects the harm sustained by the plaintiff. Record any fact the lawyer has marked as affecting that harm. Do not propose an amount.
- What the lawyer must review
- The lawyer decides whether any malice or other state of mind affects the harm, and decides the amount of damages.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record that malice or another state of mind is disregarded, at publication or at any other time.
- Record the exception only so far as the lawyer says the state of mind affects the harm.
- Do not propose an amount, and do not apply the cap or the rational-relationship check in this line.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.