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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 Christine Johnson with questions or comments about these instructions:

Christine Johnson, Administrative Director
820 W. 4th Avenue
Anchorage, AK 99501
907-264-0548

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.

Attention: These instructions are NOT for persons who have been summoned for trial or grand jury service.

Download Civil Jury Instructions

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Complete Civil Jury Instructions - With Use Notes and Comments -
current through June 2016
[ self-executing 2.96 MB | zip 2.84 MB]
Complete Civil Jury Instructions - No Notes - current through June 2016 [ self-executing 2.54 MB | zip 2.41 MB]
Supplement 9 - January 2005 [ self-executing 496 KB | zip 434 KB]
Supplement 10 - March 2005 - Corrections to 4.06A (updated April 2005), 4.06B, 4.13A, and 4.13B [ self-executing | zip ]
Supplement 11 - April 2005 - Revision to 1.12, Article 1 TOC, Main TOC [ self-executing | zip ]
Supplement 12 - November 2005 - New Article 10, Article 10 TOC, Main TOC [ self-executing | zip ]
Supplement 13 - January 2006 - New Article 24.15, Article 24 TOC, Main TOC [ self-executing | zip ]
Supplement 14 - April 2006 - Revision to 20.06, Article 20 TOC, Main TOC [ self-executing | zip ]
Supplement 15 - November 2008 - Revision to Article 3, Article 20, Main TOC [ self-executing 828 KB | zip 768 KB]
Supplement 16 - March 2011 - Revision to Article 17, Article 17 TOC, Main TOC [ self-executing | zip ]
Supplement 17 - June 2011 - Revision to Article 16, Article 16 TOC, Main TOC [ self-executing | zip ]
Supplement 18 - March 2012 - Revision to Article 19, Article 19 TOC, Main TOC [ self-executing | zip ]
Supplement 19 - July 2013 - Revision to 1.06A, Article 1 TOC, Main TOC [ self-executing | zip ]
Supplement 20 - October 2013 - Revision to Article 4, Article 4 TOC, Main TOC [ self-executing | zip ]
Supplement 21 - January 2016 - Revision to Articles 18, 20, 21, 23 & TOCs, Main TOC [ self-executing | zip ]
Supplement 22 - June 2016 - Revision to Article 20 & TOC, Main TOC [ self-executing | zip ]

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Table of Contents

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  • Article 1 Instructions to Precede the Taking of Evidence (Revised 2013)
  • 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 2013)
  • 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 2011)
  • Article 17 Fraud and Negligent Misrepresentation (Revised 2010)
  • Article 18 Intentional Interference With Chattels (Revised 2015)
  • Article 19 Intentional Interference With Contract or Prospective Economic Advantage (Revised 2012)
  • Article 20 Damages (Revised 2016)
  • Article 21 Bailments (Revised 2015)
  • Article 22 (Reserved)
  • Article 23 Legal Relationships (Revised 2015)
  • 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 2013)

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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 - Witness Who Testifies Through Interpreter (2013)
  • 1.06B Credibility of Witnesses - Witness Who Testifies Using American Sign Language (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 Preliminary Instruction on the Juror's Role
  • 1.05 Introductory Description of the Dispute
  • 1.13 Admonition as to Juror Conduct (replaced by 1.02)
  • 1.15A 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 Hearsay Evidence
  • 2.13 Admission by Silence
  • 2.21 Applying the Law to the Facts
  • 2.26 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 2013)

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  • 4.01A Survival Action - Plaintiff Deceased - Identity of Parties
  • 4.01B Survival Action - Defendant Deceased - Identity of Parties
  • 4.01C Wrongful Death Action - Identity of Parties
  • 4.02 Reserved
  • 4.03 Wrongful Death Claim - With Optional Survival Claim
  • 4.04 Reserved
  • 4.05A Wrongful Death Action - Identification of Other Dependents
  • 4.05B Wrongful Death - Recovery by Statutory Beneficiaries
  • 4.06A Wrongful Death Damages - Past Loss of Support
  • 4.06B Wrongful Death Damages - Future Loss of Support
  • 4.07 Wrongful Death Damages - Loss of Assistance or Services
  • 4.08 Wrongful Death Damages - Medical and Funeral Expenses
  • 4.09 Wrongful Death Damages - Loss of Future Savings (Added 2013)
  • 4.10A Wrongful Death Damages - Loss of Consortium
  • 4.10B Wrongful Death Damages - Pain and Suffering of Beneficiary
  • 4.10C Wrongful Death Damages - Loss of Prospective Training and Education
  • 4.11 Wrongful Death Damages - Recovery by Estate
  • 4.12 Wrongful Death Damages - Special Verdict Form
  • 4.13 Life Expectancy (Added 2013)

History of 1988 Version of Instructions:

  • 4.02 Withdrawn [Combined with Instruction 4.03]
  • 4.04 Withdrawn [Included in Comment to 4.03]
  • 4.08 Renumbered as 4.10A
  • 4.09 Renumbered as 4.10C
  • 4.10 Renumbered as 4.08
  • 4.11 Renumbered as 4.10B
  • 4.12 Renumbered as 4.11
  • 4.13A Withdrawn
  • 4.13B Withdrawn

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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)

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)

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 2011)

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  • 16.01 Defamation - Elements of Defamation Per Se Where Plaintiff is Not Public Figure and Statement Does Not Relate to Issue of
    Public Interest or Concern
  • 16.02 Defamation - Elements of Defamation Per Se Where Plaintiff is Public Figure or Statement Relates to Issue of Public Interest or Concern
  • 16.03 Defamation - Elements of Defamation Per Quod Where Plaintiff is Not Public Figure and Statement Does Not Relate to
    Issue of Public Interest or Concern
  • 16.04 Defamation - Elements of Defamation Per Quod Where Plaintiff is Public Figure or Statement Relates to
    Issue of Public Interest or Concern
  • 16.06 Defamation - Fact Versus Opinion
  • 16.07 Defamation - Damages
  • 16.10 Defamation - Privilege and Abuse of Privilege

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ARTICLE 17. Fraud and Negligent Misrepresentation (Revised 2010)

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  • 17.01 Intentional Misrepresentation
  • 17.02 Knowledge that a Statement is False or Misleading
  • 17.03 Justifiable Reliance
  • 17.04 Reserved
  • 17.05 Negligent Misrepresentation
  • 17.06 Nondisclosure
  • 17.07 Duty to Disclose

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ARTICLE 18. Intentional Interference With Chattels (Revised 2015)

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  • 18.00 Intentional Interference with Chattels Conversion, Replevin, and Trespass - Introductory Comment and Use Notes
  • 18.01 Withdrawn (1990)
  • 18.02 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 Contract or Prospective Economic Advantage (Revised 2012)

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  • 19.01A Intentional Interference with Contract - Elements
  • 19.01B Intentional Interference with Prospective Economic Advantage - Elements
  • 19.02 Intentional Interference with Contract or Prospective Economic Advantage - Definition of Intent
  • 19.03 Intentional Interference with Contract or Prospective Economic Advantage - Justification and Privilege

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ARTICLE 20. Damages (Revised 2016)

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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 (2016)
  • 20.13 Life Expectancy (1990)
  • 20.14 Conversion, Loss, or Destruction of Property (2015)
  • 20.15 Damage to Property (2015)
  • 20.16 Loss of Use of Property (2015)
  • 20.17A Fair Market Value Defined (2015)
  • 20.17B Value of Loss of Use of Property Defined (2015)
  • 20.17C Fair Rental Value (2015)
  • 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 2015)

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  • 21.01 Negligent Bailment - When Plaintiff Entitled to Recover
  • 21.02 Negligent Bailment - Negligence Defined
  • 21.03 Negligent Bailment - Substantial Factor
  • 21.04 Negligent Bailment - Affirmative Defenses

ARTICLE 22 (Reserved)

ARTICLE 23. Legal Relationships (Revised 2015)

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  • 23.01 Employer Liability – Employee – General Rule
  • 23.02 Employer Liability – Employee – Course and Scope of Employment
  • 23.03 Employer Liability – Employee – Status as Employee
  • 23.04 Employer Liability – Independent Contractor – General Rule
  • 23.05 Employer Liability – Independent Contractor – Retained Control
  • 23.06 Employer Liability – Independent Contractor –Dangerous Work
  • 23.07 Employer’s Liability – Aided-in-Agency Theory
  • 23.08 Liability of Principal – Agent with Apparent Authority
  • 23.09 Liability of Principal – Ratification of Agent’s Conduct
  • 23.10 Liability of Principal – Agent with Actual Authority
  • 23.11 Liability Based on Partnership, Where the Partnership Relationship is Disputed
  • 23.12 Liability Based on Partnership, Where the Partnership Relationship is Admitted

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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)

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)

ARTICLE 30. Landlord-Tenant (Revised 1987)

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  • 30.00 Landlord-Tenant - Introductory Use Note & Comment (Revised 1987)

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Decompressing Self-Executing and Zipped Files

Some files provided on the court's website are in one of two compressed formats: self-executing, which end with a .exe extension, and zipped, which end with a .zip extension.

Once you have downloaded the compressed file to your computer you'll need to decompress or "extract" the documents.

  • For self-executing files (.exe), follow the directions below.
  • For zipped files (.zip) you will need to have a separate software program such as PKZIP or WinZip on your computer in order to "unzip" the file. Follow the instructions that come with your unzip program.

Windows95 and Higher Decompression Instructions

  1. Download the file.
  2. Select Start, Run and type the directory and file name of the compressed file you downloaded in the Open box.
    [Example: c:\spub0101.exe]
    or
    Select Browse to search for the file in your directories and double click on it once you've found it,
    or
    Look for the file under the appropriate directory in My Computer and double click on it once you've found it
  3. Enter a destination directory for the files in the Extract to: box and click EXTRACT. The file will decompress and the individual opinions for the week will appear in the directory you selected.
  4. Drag these files to your word processing directory or open them from your word processing program.

Windows 3.x Decompression Instructions

  1. Download the file.
  2. Select File Manager from the Main group on your computer and double click on the file you downloaded.
    [Example: c:\spub0101.exe]
    The file will decompress and the individual opinions for the week will appear in the directory you selected.
  3. Drag these files to your word processing directory or open them from your word processing program.

DOS Decompression Instructions

  1. Download the file.
  2. At the DOS prompt type the file name of the file you downloaded, then type a space, then type the directory where you'd like the deflated files to go.
    [Example: c:\spub0112.exe\wpdocs]
  3. Exit DOS and open your word processing program.

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