Alaska Civil Pattern Jury Instructions
The Alaska Civil Pattern Jury Instructions were drafted
by University of Virginia Professors Harvey S. Perlman and Stephen A. Saltzburg
in 1981 under contract to the Alaska Court System. The instructions were reviewed
and edited by a committee of lawyers and judges appointed by the Alaska Supreme
Court. The Civil Pattern Jury Instructions Committee continues to meet monthly
to review and revise the instructions. Please contact the Christine Johnson
with questions or comments about these instructions:
Christine Johnson, Deputy Administrative Director
820 W. 4th Avenue
Anchorage, AK 99501
907-264-8232
cjohnson@courts.state.ak.us
These instructions are the work of the Civil Pattern Jury Instructions
Committee and have not been approved or promulgated by any court or the Alaska
Bar Association.
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| Complete Civil Jury Instructions
- With Use Notes and Comments - current through Novmeber 2008 |
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| Complete Civil Jury Instructions - No Notes
- current through November 2008 |
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| Supplement 9 - January 2005 |
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| Supplement 10 - March 2005 - Corrections
to 4.06A (updated April 2005), 4.06B, 4.13A, and 4.13B |
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| Supplement 11 - April 2005 - Revision
to 1.12, Article 1 TOC, Main TOC |
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| Supplement 12 - November 2005 - New Article 10, Article 10 TOC, Main TOC |
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| Supplement 13 - January 2006 - New Article 24.15, Article 24 TOC, Main TOC |
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| Supplement 14 - April 2006 - Revision to 20.06, Article 20 TOC, Main TOC |
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| Supplement 15 - November 2008 - Revision to Article 3, Article 20, Main TOC |
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Article 1
Instructions to Precede the Taking of Evidence (Revised 2005)
Article 1A Mid-Trial Instructions
(Revised 1999)
Article 2 Closing Instructions (Revised
1999)
Article 3 Negligence - General Concepts
(Revised 2008)
Article 4 Survival and Death Claims
(Revised 2005)
Article 5 Motor Vehicle and Highway
Safety (Revised 1986)
Article 6 Liability of Landowners or
Occupiers
(Revised 1987)
Article 7 Products Liability (Revised
2005)
Article 8 Professional Malpractice
(Revised 2005)
Article 9 Wrongful Discrimination (Added
2004)
Article 10 Consumer Protection Act (Added 2005)
Article 11 (Reserved)
Article 12 Assault or Battery (Revised
1986)
Article 13 Trespass & Nuisance (Revised
1996)
Article 14 (Reserved)
Article 15 False Imprisonment and
False Arrest
(Revised 1987) |
Article 16
Defamation (Revised 1989)
Article 17 Fraud and Negligent Misrepresentation
(Revised 1987)
Article 18 Intentional Interference
With Chattels, Conversion, Replevin, and Trespass
(Revised 1989)
Article 19 Intentional Interference
With Contracts (Revised 1989)
Article 20 Damages (Revised 2008)
Article 21 Bailments (Revised 1987)
Article 22 (Reserved)
Article 23 Legal Relationships (Revised
1987)
Article 24 Contracts (Revised 2006)
Article 25 (Reserved)
Article 26 Will Contests (Revised
1995)
Article 27 Eminent Domain (Revised
1995)
Article 28 (Reserved)
Article 29 (Reserved)
Article 30 Landlord-Tenant (Revised
1987) |
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| ARTICLE 1. Instructions to Precede the
Taking of Evidence (Revised 2005) |
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- 1.01 Empaneling The Jury - An Instruction
to Precede The Oath (1999)
- 1.02 Explanation of Trial Day (1999)
- 1.03 Introductory Instruction on Procedure
(1999)
- 1.04 Representatives of Parties (1999)
- 1.05 Evidence (1999)
- 1.06 Kinds of Evidence (1999)
- 1.06A Credibility of Witnesses (1999)
- 1.06B Credibility of Witnesses (1999)
- 1.07 Credibility of Witnesses (1999)
- 1.08 Credibility of Expert Witnesses (1999)
- 1.09 Questions by the Court (1999)
- 1.10 Relationship of Exhibits to Testimony
(1999)
- 1.11 Note Taking (1999)
- 1.12 Questions by Jurors (2005)
- 1.13 Exclusion of Evidence (1999)
- 1.14 Communications by Jurors with the Court
(1999)
- 1.15 Use of Pronouns (1999)
| Withdrawn Instructions (1999): |
1.02
1.05
1.13
1.15A |
Preliminary Instruction on the Juror's Role
Introductory Description of the Dispute
Admonition as to Juror Conduct (replaced by 1.02)
Use of Pronouns (replaced by 1.15) |
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| ARTICLE 1A. Mid-Trial Instructions (Revised
1999) |
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- 1A.01 The Significance of Objections
- 1A.01A The Order of Presentation
- 1A.02 Striking Evidence - Simple Question
and Answer
- 1A.03 Striking Evidence - Part of Answer
Stricken
- 1A.04 Striking an Exhibit That Has Been
Admitted
- 1A.05 Striking Earlier Testimony
- 1A.06A Limiting Instruction - Hearsay
- 1A.06B Explanatory Instruction - Truth
of Out-of-Court Statement Irrelevant
- 1A.06C Limiting Instruction - Simple Admission
- 1A.06D Limiting Instruction - Vicarious
Admission
- 1A.06E Tacit Admissions
- 1A.06F Ambiguous Response to an Accusation
- 1A.07 Limiting Instruction - Other Acts
- 1A.08 Limiting Instruction - Subsequent
Remedial Measures
- 1A.09 Limiting Instruction - Settlements
- 1A.10 Limiting Instruction - Insurance
- 1A.11 Limiting Instruction - Claims of
Privilege by Party Generally
- 1A.13 Limiting Instruction - Exercise of
Privilege Against Self-Incrimination
- 1A.14 Limiting Instruction - Character
Evidence Offered to Impeach or Bolster Credibility
- 1A.15 Limiting Instruction - Prior Convictions
- 1A.16 Limiting Instruction - Religious
Beliefs
- 1A.17 Cautionary Instruction Following
Judicial Questioning or Calling of Witness
- 1A.18 Cautionary Instruction - Court Appointed
Expert Witness
- 1A.19 Credibility of Witnesses - Witness
Who Testifies Through Interpreter
- 1A.20 Credibility of Witnesses - Witness
Who Testifies Using American Sign Language
- 1A.21 Contents of Document (Formerly 1A.19)
- 1A.22 Instruction of Recess (Formerly 1A.20)
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| ARTICLE 2. Closing Instructions (Revised
1999) |
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- 2.01 General Remarks
- 2.02 Instructions by Court
- 2.03 Use of Pronouns (formerly 2.01A)
- 2.04 Definition of Preponderance of the
Evidence [instructions on substantive law] (formerly 2.22)
- 2.05 Damages
- 2.06 Attorney Fees and Costs
- 2.07 Resort to Chance (formerly 2.27)
- 2.08 Credibility of Witnesses (formerly
2.02)
- 2.08A Credibility of Witnesses - Witness
Who Testifies Through Interpreter
- 2.08B Credibility of Witnesses - Witness
Who Testifies Using American Sign Language
- 2.09 Status of Witnesses in Community (formerly
2.10A)
- 2.10 Credibility of Expert Witnesses (formerly
2.03)
- 2.11 Expert Witnesses Called by Court
- 2.12 Questions Asked by Court
- 2.13 Depositions Generally (formerly 2.05)
- 2.14 Videotape Depositions (formerly 2.06)
- 2.15 Audiotape Depositions (formerly 2.07)
- 2.16 Telephonic Testimony
- 2.17 Exhibits (formerly 2.09)
- 2.18 Views (formerly 2.15)
- 2.19 Stipulations; Binding Admissions (formerly
2.11)
- 2.20 Judicial Notice (formerly 2.14)
- 2.21A Presumptions - No Rebuttal Evidence
(formerly 2.23A)
- 2.21B Presumption - Rebuttal Evidence (formerly
2.23B)
- 2.22 Questions; Inadmissible Evidence; Arguments
and Statements of Counsel (formerly 2.17)
- 2.23 Failure to Present Evidence (formerly
2.16)
- 2.24 Evidence Admitted Against One Party
But Not Another (formerly 2.19)
- 2.25 Unsworn Oral Admissions of Party (formerly
2.12)
- 2.26 Evaluation of Evidence (formerly 2.18)
- 2.27 Representatives of Parties (formerly
2.20)
- 2.28 General Behavior; Election of Foreperson
(formerly 2.24)
- 2.29 Jurors' Communication with Court
- 2.30 Jurors' Notes (formerly 2.25)
- 2.31 Returning a Verdict (formerly 2.28)
| Withdrawn Instructions (1999): |
2.08
2.13
2.21
2.26 |
Hearsay Evidence
Admission by Silence
Applying the Law to the Facts
Verdict Forms |
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| ARTICLE 3. Negligence - General Concepts
(Revised 2008) |
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- 3.01 Negligence - When Plaintiff Entitled
to Recover (2008)
- 3.02 Comparative Negligence (2008)
- 3.03A Negligence Defined - Adult (2008)
- 3.03B Negligence Defined - Child (2008)
- 3.03C Negligence Defined - Capacity of
Child Under Seven (2008)
- 3.03D Negligence Defined - Common Carrier
(2008)
- 3.04A Violation of Statute - Negligence
Per Se (2008)
- 3.04B Violation of Statute - Evidence of
Negligence (2008)
- 3.05 Res Ipsa Loquitur (2008)
- 3.06 Reserved
- 3.07 Substantial Factor (2008)
- 3.08 Multiple Causes (2008)
- 3.09 Superseding Cause
(2008)
- 3.10 Reserved
- 3.11 "Good Samaritan" Defense (2008)
- 3.12A Injury Resulting from Commission of a Crime(2008)
- 3.12B Injury Resulting from Commission of a Crime - Without Conviction (2008)
- 3.13 Heightened Liability Standard for Members of Boards and Commissions (AS 09.65.170) (2008)
- 3.14 Gross Negligence Defined (2008)
- 3.15 Reserved
- 3.16 Reserved
- 3.17 Fault of Absent Parties (2008)
- 3.18 Evidence of Settlement (2008)
- 3.19 Reserved
- 3.20 Introduction to Special Verdict Form (2008)
- 3.21A Verdict Form – One Defendant, No Non-Parties (2008)
- 3.21B Special Verdict Form – Multiple Defendants/Third Party Defendants,
No Non-Parties (2008)
- 3.21C Special Verdict Form – Allocation of Fault to Non-Parties (2008)
- 3.22 Unavoidable Accident (2008) (Comment only)
| Withdrawn Instructions: |
3.02B |
Comparative Negligence - Young Child (Withdrawn 2008) |
| 3.04C |
Compliance With Statute (Withdrawn 2008) |
| 3.05 |
Sudden Emergency (Withdrawn 1997) |
| 3.08 |
Rescue Doctrine (Withdrawn 2008) |
| 3.09A |
Special Verdict Form (Withdrawn 2008) |
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| ARTICLE 4. Survival and Death Claims (Revised
2005) |
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- 4.01A Survival Action - Plaintiff Deceased
(1988)
- 4.01B Survival Action - Defendant Deceased
(1988)
- 4.01C Wrongful Death Action - Identity
of Parties (1988)
- 4.02 Wrongful Death - Plaintiff's Claims
(1988)
- 4.03 Wrongful Death Claim - With Optional
Survival Claim (1988)
- 4.04 Survivor Damages (1988)
- 4.05A Wrongful Death Action - Identification
of Statutory Beneficiaries (1988)
- 4.05B Wrongful Death - Recovery by Statutory
Beneficiaries (1988)
- 4.06A Wrongful Death Damages - Past Loss
of Support (April 2005)
- 4.06B Wrongful Death Damages - Future Loss
of Support (2005)
- 4.07 Wrongful Death Damages - Loss of Assistance
or Services (1988)
- 4.08 Wrongful Death Damages - Loss of Consortium
(1988)
- 4.09 Wrongful Death Damages - Loss of Prospective
Training and Education (1988)
- 4.10 Wrongful Death Damages - Medical and
Funeral Expenses (1988)
- 4.11 Wrongful Death Damages - Pain and Suffering
of Beneficiary (1988)
- 4.12 Wrongful Death Damages - Recovery by
Estate (1988)
- Form 4.12 Special Verdict (1988)
- 4.13A Limit on Wrongful Death Awards for
Non-Economic Losses when There Are No Survival Claims [Actions Accruing on
or after August 7, 1997] (Note Only) (2005)
- 4.13B Limit on Wrongful Death Awards for
Non-Economic Losses when There Are Survival Claims [Actions Accruing on or
after August 7, 1997] (Note Only) (2005)
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| ARTICLE 5. Motor Vehicle and Highway Safety
(Revised 1986) |
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- 5.01 Driver of Motor Vehicle - General Duty
of Care
- 5.02 Passenger - General Duty of Care
- 5.03 Pedestrian - General Duty of Care
- 5.04 Speed of Vehicle - Prima Facie Limits
- 5.05 Speed of Vehicle - Reasonable Speed
- 5.06 Speed of Vehicle - Reduction in Particular
Circumstances
- 5.07 Speed of Vehicle - Passing Another
Vehicle
- 5.08 Speed of Vehicle - Minimum Speed Regulation
- 5.09 Driving on Right Side of Roadway
- 5.10 Driving on Roadways with Marked Lanes
- 5.11 Right-of-Way - Definition
- 5.12 Right-of-Way - Unmarked Intersection
- 5.13 Right-of-Way - Driver Making Left Turn
- 5.14 Right-of-Way - Intersections with "Stop"
or "Yield" Signs
- 5.15 Right-of-Way - Vehicle Entering Highway
from Alley, Private Road, or Driveway
- 5.16 Following Another Vehicle
- 5.17 Driving on Left Side of Roadway
- 5.18 Driving on Left Side of Roadway - Two-Way
Road with Four or More Marked Lanes
- 5.19 Overtaking and Passing on the Left
- Driver of Overtaking Vehicle
- 5.20 Overtaking and Passing - Driving to
the Left of the Center of the Roadway
- 5.21 Overtaking and Passing on the Left
- Driver of Vehicle Overtaken
- 5.22 Overtaking and Passing on the Right
- Driver of Overtaking Vehicle
- 5.23 Making a Left Turn at an Intersection
- Two-Way Road
- 5.24 Making a Left Turn at an Intersection
- Other Than Two-Way Road
- 5.25 Obedience to Traffic Control Device
- 5.26 Stopping, Standing or Parking
- 5.27 Pedestrian - Definition
- 5.28 Pedestrian - Mandatory Use of Crosswalk
- 5.29 Pedestrian - Crossing at Other Than
Crosswalk
- 5.30 Overtaking and Passing - Vehicle Stopped
at Crosswalk
- 5.31 Pedestrian - Walking Along Roadway
- 5.32 Pedestrian - Right-of-Way in Crosswalk
- 5.33 Pedestrian - Movement Into Path of
Vehicle
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| ARTICLE 6. Liability of Landowners or Occupiers
(Revised 1987) |
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- 6.00 Owners and Occupiers of Land
- 6.01 Liability of Owners, Occupiers, or
Lessors of Land
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| ARTICLE 7. Products Liability (Revised
2005) |
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- 7.01 Products Liability - Plaintiff's Claims
(Rev. 1995)
- 7.02 Liability for Defect in Product (Rev.
1987)
- 7.03 Defectiveness Defined (Rev. 1995)
- 7.03A Scientific Unknowability (Rev. 1995)
- 7.04 Defect in Design Test (Withdrawn 1987)
- 7.05 Design Defects - State of the Art (Withdrawn
1987)
- 7.055 Strict Liability - Warnings and Instructions
for Use (Withdrawn 1987)
- 7.06 Strict Liability in Tort - Comparative
Negligence (Rev. 1995)
- 7.06A Strict Liability in Tort - Comparative
Negligence - Pre-Tort Reform (Withdrawn 1995)
- 7.07 Strict Liability in Tort - Legal Cause
(Rev. 1995)
- 7.08 Strict Liability in Tort - Multiple
Causes (Rev. 1995)
- 7.08A Strict Liability in Tort - Superseding
Cause (Rev. 2000)
- 7.09 Strict Liability in Tort - Special
Verdict Form: One Defendant (Rev. 1995)
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| ARTICLE 8. Professional Malpractice (Revised
2005) |
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- 8.01 Health Care Provider Malpractice -
Plaintiff's Claims (Rev. 2002)
- 8.02 Health Care Provider Malpractice -
Negligence Defined (Rev. 2002)
- 8.03 Health Care Provider Malpractice -
Failure to Obtain Informed Consent (Rev. 2002)
- 8.04 Health Care Provider Malpractice -
Lack of Consent (Rev. 2002)
- 8.05 Health Care Provider Malpractice -
Material Risk Defined (Added 2002)
- 8.06 Health Care Provider Malpractice -
Justification for Lack of Consent (Rev. 2002)
- 8.07 Health Care Provider Malpractice -
Consent on Behalf of Another (Rev. 2002)
- 8.08 Health Care Provider Malpractice -
Expert Advisory Panels (Rev. 2002)
- 8.09 Reserved
- 8.10 Attorney Malpractice - Negligence Defined
(Added 2002)
- 8.11 Attorney Malpractice - Case within a
Case (Civil) (Added 2002)
- 8.11A Attorney Malpractice - Case within
a Case (Civil) -Affirmative Defense of Collectibility (Added 2002)
- 8.12 Attorney Malpractice - Case within a
Case (Criminal) (Added 2002)
- 8.12A Attorney Malpractice - Case within
a Case (Criminal) -Affirmative Defense of Actual Guilt (Added 2002)
- 8.13 Reserved
- 8.14 Reserved
- 8.15 Other Professional Malpractice - Duty
of Professional Other Than Health Care Provider or Attorney (Rev. 2002)
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| ARTICLE 9. Unlawful Discrimination (Added
2004) |
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- 9.01 Unlawful Discrimination in Hiring or
Promotion: Introduction
- 9.02 Unlawful Discrimination in Hiring or
Promotion: Pretext
- 9.03 Unlawful Discrimination in Hiring or
Promotion: Mixed Motive
- 9.04 Reserved
- 9.05 Employer's Liability for Sexual Harassment:
Hostile Work Environment
- 9.06 Employer's Liability for Sexual Harassment:
Quid Pro Quo
- 9.07 Employer's Liability for Sexual Harassment:
Reasonable Care Defense
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| ARTICLE 10. Consumer Protection Act (Added 2005) |
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- 10.00 Introduction
- 10.01A Unfair Trade Practice Defined (2005)
- 10.01B Violation of Specific Provision of AS 45.50.471(b) (2005)
- 10.02 Trade or Commerce Defined (2005)
- 10.03A Deceptive Act or Practice Defined (2005)
- 10.03B Unfair Act or Practice Defined (2005)
- 10.04 Ascertainable Loss Defined (2005)
- 10.05 Liability of Agents and Employees in Consumer Protection Cases (2005)
- 10.06 Liability of Officers, Directors, Owners (2005)
- 10.07 Predatory Lending (2005)
ARTICLE 11 (Reserved)
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| ARTICLE 12. Assault or Battery (Revised
1986) |
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- 12.01 Assault - Elements
- 12.02 Battery - Elements
- 12.03A Assault or Battery - "Touching"
Defined
- 12.03B Assault or Battery - "Disagreeable
Touching" Defined
- 12.03C Assault or Battery - Intent
- 12.04 Assault - Words Alone
- 12.05 Assault - Threat of Future Touchings
- 12.06 Assault or Battery - Self-Defense
- 12.07 Assault or Battery - Self-Defense,
Retreat
- 12.08 Assault or Battery - Self-Defense,
Deadly Force
- 12.09 Assault or Battery - Recovery
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| ARTICLE 13. Trespass & Nuisance (Revised
1996) |
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- 13.00 Introductory Comment
- 13.01 Simple Trespass and Denial - Intentional
Entry
- 13.02 Simple Trespass and Denial - Negligent/Reckless
Entry
- 13.03 Entry Privileged
- 13.04 Abuse of Privilege
- 13.05 Trespass - Damages
- 13.06 Trespass - Damages for Tree Cutting
- 13.07 Trespass - Damages for Mineral Conversion
- 13.08 Private Nuisance
- 13.09 Public Nuisance - Private Damages
Article 13 was rewritten and renumbered in 1996. All prior pattern instructions
have been withdrawn.
ARTICLE 14 (Reserved)
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| ARTICLE 15. False Imprisonment and False
Arrest (Revised 1987) |
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- 15.01 False Imprisonment - Other than False
Arrest
- 15.02A Nature of Confinement
- 15.02B Confinement Defined (Withdrawn)
- 15.02C Intent Defined
- 15.03A False Arrest - Arrest Without Warrant;
Fact of Arrest Contested
- 15.03B False Arrest - Arrest Without Warrant,
Fact of Arrest Not Contested
- 15.04 False Arrest - Privilege of Peace
Officer or Private Citizen to Arrest Without Warrant
- 15.05 Reasonable Cause Defined (Withdrawn)
- 15.06 False Imprisonment - Privilege of Peace
Officer to Detain Short of Arrest
- 15.07 Good Faith Defense - Peace Officers
- 15.08 False Imprisonment - Privilege to
Detain by Property Owner
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| ARTICLE 16. Defamation (Revised 1989)
|
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- 16.00 Introductory Comment Only
- 16.01 Defamation - Elements of Defamation
Per Se Where Actual Special Damages Are Not Claimed
- 16.01A Defamation - Elements of Defamation
Per Se Where Actual Special Damages Are Claimed and Presumed Damages Are Not
Sought
- 16.01B Defamation - Elements of Defamation
Per Se Where Actual Special Damages Are Claimed and Presumed Damages Are Sought
- 16.01C Defamation - Elements of Defamation
Per Quod
- 16.03 Defamation - Claim of Privilege
- 16.03A Defamation - Abuse of Privilege
- 16.04 Damages: Injury to Reputation
- 16.05 Special Damages
- 16.06 Punitive Damages
- 16.07 Defamation - Burden of Proof
- 16.08 Defamation Per Se - Special Verdict
Form, Special Damages Not Claimed
- 16.08A Defamation Per Se - Special Verdict
Form, Only Special Damages Claimed, No Presumed Damages Claimed
- 16.08B Defamation Per Se - Special Verdict
Form, Both Presumed and Special Damages Claimed
- 16.08C Defamation Per Quod - Special Verdict
Form
| Withdrawn Instructions (1989): |
16.02 |
Withdrawn 1989
|
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| ARTICLE 17. Fraud and Negligent Misrepresentation
(Revised 1987) |
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- 17.00 Misrepresentation, Fraud and Nondisclosure
- Introductory Comment
- 17.01 Misrepresentation
- 17.02 Nondisclosure
- 17.03 Duty to Disclose Information
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| ARTICLE 18. Intentional Interference With
Chattels (Revised 1990) |
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- 18.00 Intentional Interference with Chattels
Conversion, Replevin, and Trespass - Introductory Comment and Use Notes
- 18.01 Withdrawn
- 18.02 Intentional Interference with Chattels
- Prima Facie Case
- 18.03 Intent Defined
- 18.04 Excuse -Consent
- 18.05 Excuse - Repossessions
- 18.06 Measure of Damages -Introduction
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| ARTICLE 19. Intentional Interference
With Contracts (Revised 1989) |
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- 19.01 Intentional Interference with Contracts
- Elements
- 19.02 "Intent" Defined
- 19.03 Intentional Interference with Contracts
- Justification
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| ARTICLE 20. Damages (Revised 2008) |
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- 20.01A Damages - Introductory Instruction:
Liability Contested (2003)
- 20.01B Damages - Introductory Instruction:
Liability Admitted (1990)
- 20.02A Past Medical Expenses (2000)
- 20.02B Future Medical Expenses (2000)
- 20.03 Past Earnings (1990)
- 20.04 Loss of Future Earning Capacity (1990)
- 20.05 Inflation and Present Value/Future
Economic Losses (1990)
- 20.06 Non-Economic Losses (2006)
- 20.07A-L Limitation on Non-Economic Damages
(Note Only) (2005)
- 20.07M Limitation on Non-Economic Damages
- Severe Permanent Physical Impairment (2005)
- 20.07N Limitation on Non-Economic Damages
- Severe Disfigurement (2005)
- 20.08 Loss of Spousal Consortium (1990)
- 20.09 Loss of Parental Consortium (1990)
- 20.10 Future Damages No Reduction to Present
Value (1990)
- 20.11 Aggravation of Pre-Existing Condition
or Disability (1990)
- 20.12 Additional Harm Resulting from Original
Injury (1990)
- 20.13 Life Expectancy (1990)
- 20.14 Conversion, Loss, or Destruction of
Property (1990)
- 20.15 Damage to Property (1990)
- 20.16 Loss of Use of Property (1990)
- 20.17A Fair Market Value Defined (1990)
- 20.17B Value of Loss of Use of Property
Defined (1990)
- 20.17C Fair Rental Value (1990)
- 20.18A Avoidable Consequences (2003)
- 20.18B Expenses of Avoiding Consequences
(1990)
- 20.20A Eligibility for Punitive Damages (2008)
- 20.20B Award of Punitive Damages (2008)
- 20.20C Special Verdict Form – Punitive Damages (2008)
| Withdrawn Instructions: |
| 20.02 |
Medical Expenses; Past and Future (Withdrawn 2005) |
| 20.05A |
Disfigurement of Severe Physical Impairment - Nature and Extent
of Injury (Withdrawn 1990) |
| 20.06 |
Pain and Suffering (Withdrawn 1990) |
| 20.07B |
Limitation on Non-Economic Damages where Plaintiff Claims
Disfigurement [Actions Accruing on or after June 11, 1986 and before August
7, 1997] (Withdrawn 2005) |
| 20.07C |
Limitation on Non-Economic Damages where Plaintiff Claims
Severe Physical Impairment [Actions Accruing on or after June 11, 1986 and
before August 7, 1997] (Withdrawn 2005) |
| 20.07D |
Limitation on Non-Economic Damages where Plaintiff Claims
Disfigurement and Severe Physical Impairment [Actions Accruing on or after
June 11, 1986 and before August 7, 1997] (Withdrawn 2005) |
| 20.07E |
Limitation on Non-Economic Damages where Plaintiff Does Not
Claim Severe Permanent Physical Impairment or Severe Disfigurement, and
There Are No Claims by Additional Plaintiffs for Non-Economic Losses (Such
as Claims for Loss of Consortium) [Actions Accruing on or after August 7,
1997] (Withdrawn 2005) |
| 20.07F |
Limitation on Non-Economic Damages where Plaintiff Claims
Severe Disfigurement, and there are no Claims by Additional Plaintiffs for
Non-Economic Losses (such as Claims for Loss of Consortium) [Actions Accruing
on or after August 7, 1997] (Withdrawn 2005) |
| 20.07G |
Limitation on Non-Economic Damages where Plaintiff Claims
Severe Permanent Physical Impairment, and there are no Claims by Additional
Plaintiffs for Non-Economic Losses (such as Claims for Loss of Consortium)
[Actions Accruing on or after August 7, 1997] (Withdrawn 2005) |
| 20.07H |
Limitation on Non-Economic Damages where Plaintiff Claims
Severe Permanent Physical Impairment and Severe Disfigurement, and there
are no Claims by Additional Plaintiffs for Non-Economic Losses (such as
Claims for Loss of Consortium) [Actions Accruing on or after August 7, 1997]
(Withdrawn 2005) |
| 20.07I |
Limitation on Non-Economic Damages where Plaintiff does not
Claim Severe Permanent Physical Impairment or Severe Disfigurement, and
there are Claims by Additional Plaintiffs for Non-Economic Losses Arising
from the Same Injury (such as Claims for Loss of Consortium) [Actions Accruing
on or after August 7, 1997] (Withdrawn 2005) |
| 20.07J |
Limitation on Non-Economic Damages where Plaintiff Claims
Severe Permanent Physical Impairment, and there are Claims by Additional
Plaintiffs for Non-Economic Loss Arising from the Same Injury (such as Claims
for Loss of Consortium) [Actions Accruing on or after August 7, 1997] (Withdrawn
2005) |
| 20.07K |
Limitation on Non-Economic Damages where Plaintiff Claims
Severe Disfigurement, and there are Claims by Additional Plaintiffs for
Non-Economic Loss Arising from the Same Injury (such as Claims for Loss
of Consortium) [Actions Accruing on or after August 7, 1997] (Withdrawn
2005) |
| 20.07L |
Limitation on Non-Economic Damages where Plaintiff Claims
Severe Permanent Physical Impairment and Severe Disfigurement, and there
are Claims by Additional Plaintiffs for Non-Economic Loss Arising from the
Same Injury (such as Claims for Loss of Consortium) [Actions Accruing on
or after August 7, 1997] (Withdrawn 2005) |
| 20.08 |
Injury to Minors (Withdrawn 1990) |
| 20.13 |
Taking Severable Materials From Land (Withdrawn 1990)
Taking Plants When Treble Damages are Claimed (Withdrawn 1990) |
| 20.14 |
Present Value Table (1990) |
| 20.20 |
Punitive Damages [Actions Accruing on or after June 11, 1986 and before August 7, 1997] (Withdrawn 2008) |
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| ARTICLE 21. Bailments (Revised 1987) |
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- 21.00 Bailments - Introductory Use Note
and Comment
- 21.01 Introduction
- 21.02 Bailment Contested
- 21.03 Bailee's Liability - Damage to Goods
- 21.04 Excuse - Reasonable Care
- 21.05 Excuse - Reasonable Care - Subbailment
- 21.06A Excuse - Normal Wear and Tear -
Authorization Conceded
- 21.06B Excuse - Normal Wear and Tear -
Authorization Contested
- 21.07A Bailee's Liability - Failure to
Redeliver
- 21.07B Bailee's Liability - Misdelivery
- 21.08 Excuse - Failure to Redeliver or Misdelivery
- Delivery to Authorized Person
- 21.09A Excuse - Failure to Redeliver or
Misdelivery - Third Party's Superior Claim
- 21.09B Excuse - Failure to Redeliver or
Misdelivery - Delivery to Law Officer
- 21.10 Bailee's Liability - Misuse
- 21.11 Excuse - Misuse - Consent
- 21.12 Definition - Authorized Use
- 21.13 Unsafe Goods - Bailor's Liability
- 21.14 Verdict Instruction
- 21.15 Damages
- 21.16 Implied Warranty - Quality of Work
ARTICLE 22 (Reserved)
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| ARTICLE 23. Legal Relationships (Revised
1987) |
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- 23.01A Respondeat Superior - Tort Action
- Introductory Instruction - Both Employer and Employee Sued
- 23.01B Respondeat Superior - Tort Action
- Introductory Instruction - Employer Sued Alone
- 23.01C Agency - Contract Liability - Introductory
Instruction - Both Principal and Agent Sued
- 23.01D Agency - Contract Liability - Introductory
Instruction - Both Principal and Agent Sued
- 23.02 Respondeat Superior - Conclusionary
Instruction
- 23.03 Agency and Respondeat Superior Relationships
- Definitions
- 23.04A Respondeat Superior - Scope of Employment
- Sole Issue
- 23.04B Agency - Right to Control - Independent
Contractor
- 23.05 Employer Liability - Independent Contractor
Doing Peculiarly Dangerous Work
- 23.06 Agency - Apparent Authority
- 23.07 Respondeat Superior - Ratification
- 23.08 Partnerships - Relationship Disputed
- Scope of Authority
- 23.09 Partnerships - Relationship Established
- Scope of Authority
- 23.10 Duty of Parent to Control Conduct
of Child
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| ARTICLE 24. Contracts (Revised 2006) |
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- 24.00 Introductory Use Note and Comment
Only (1994)
- 24.01A Existence of a Contract Disputed (1994)
- 24.01B Promissory Estoppel (1994)
- 24.01C Existence of Disputed Terms (1994)
- 24.02 Modification of a Contract (1994)
- 24.03 Breach of Contract (1994)
- 24.04A Defendant's Anticipatory Breach
by Repudiation - Unequivocal (1994)
- 24.04B Defendant's Anticipatory Breach
by Repudiation - No Adequate Assurances (1994)
- 24.04C Plaintiff's Anticipatory Breach
by Repudiation - Unequivocal (1994)
- 24.04D Plaintiff's Anticipatory Breach
by Repudiation - No Adequate Assurances (Affirmative Defense)
(1994)
- 24.05A Existence of Condition Precedent (1994)
- 24.05B Failure of Condition Precedent (1994)
- 24.05C Existence and Failure of Condition
Precedent (1994)
- 24.06 Substantial Performance (1994)
- 24.07 Implied Warranty - Construction (1994)
- 24.08A Affirmative Defense Generally (Withdrawn
1994)
- 24.08B Affirmative Defense - Frustration
of Purpose (1994)
- 24.08C Affirmative Defense - Impracticability/Impossibility
of Performance (1994)
- 24.08D Affirmative Defense - Duress (1994)
- 24.08E Affirmative Defense to Formation
of Contract - Fraud or Misrepresentation (1994)
- 24.08F Ratification by Affirmable or Delay (1994)
- 24.08G Affirmative Defense -Waiver By Election (1994)
- 24.09A Damages for Breach of Contract (1994)
- 24.09B Employee's Damages for Breach of
Employment Contract for Specified Term (1994)
- 24.09C Employee's Damages for Breach of
Employment Contract for Unspecified Term (1994)
- 24.09D Owner's Damages for Breach of Construction
Contract by Incomplete or Defective Performance
(1994)
- 24.09E Builder's Damages for Substantial
But Not Complete Performance (1994)
- 24.09F Builder's Damages for Owner's Breach
of Construction Contract (1994)
- 24.09G Damages for Breach of Covenant Not
to Compete (1994)
- 24.10 Avoidable Consequences (1994)
- 24.11 Nominal Damages (1994)
- 24.12A Restitution (Promissory Estoppel) (1994)
- 24.12B Liability for Restitution and Measure
of Restitution Damages to Defaulting Plaintiff (1994)
- 24.13 Reserved
- 24.14 Reserved
- 24.15 Breach of Covenant of Good Faith and Fair Dealing (2006)
ARTICLE 25 (Reserved)
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| ARTICLE 26. Will Contests (Revised 1995)
|
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- 26.01 Statement of the Case and Definition
of a Will
- 26.02 Identification of the Parties (Maker,
Supporter, Challenger)
- 26.03 Withdrawn 1995
- 26.04 Execution of Ordinary Attested Will
(Other Than Holographic or Nuncupative Will)
- 26.05 Execution of a Holographic Will
- 26.06 Execution of a Nuncupative Will for
Mariner or Soldier (Spoken Will)
- 26.07 Testamentary Capacity
- 26.08 Testamentary Capacity (Insane Delusions)(Use
Note and Comment Only)
- 26.09 Testamentary Intent (Withdrawn 1995)
- 26.10A Undue Influence
- 26.10B Presumption of Undue Influence
- 26.11 Fraud (Use Note and Comment Only)
- 26.12 Contract to Make a Will (Use Note
and Comment Only)
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| ARTICLE 27. Eminent Domain (Revised 1995)
|
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- 27.00 No Instruction (Use Note and Comment
Only)
- 27.01 Legal Right to Take - Just Compensation
- 27.02 Fair Market Value
- 27.03 Withdrawn 1995
- 27.04 Valuation of Improved Property
- 27.04A Withdrawn 1995
- 27.04B Withdrawn 1995
- 27.05 Withdrawn 1995
- 27.06 Severance Damages
- 27.06A Withdrawn 1995
- Form 27.06A Withdrawn 1995
- 27.06B Special Benefits
- Form 27.06B Withdrawn 1995
- 27.07 Withdrawn 1995
- 27.07A Easement - Definition
- 27.07B Easement - Nominal Damages
- 27.08 Damages to Personal Property
- 27.08A Withdrawn 1995
- 27.08B Depreciation - Withdrawn 1995
- 27.09 Temporary Lost Profits
- 27.10 Leasehold Interest
- 27.11 Just Compensation Special Verdict
Form
ARTICLE 28 (Reserved)
ARTICLE 29 (Reserved)
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| ARTICLE 30. Landlord-Tenant (Revised 1987)
|
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- 30.00 Landlord-Tenant - Introductory Use
Note & Comment (Revised 1987)
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Rev. 10 December 2008
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