C Introductory Instructions

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1 INTRODUCTION GENERAL DIRECTIONS FOR USE Year C Introductory Instructions NDJI No [Title Page and Nature of Case] (Illustration) C Instruction References C Multiple Plaintiffs C Multiple Defendants C [Counterclaim] [Cross-claim] [Third-party Claim] C Statement of Plaintiff's Claim (Illustration) C Statement of Defense and Issues Tendered by Defendant C (Illustration) 2001 Function of Pleadings C Burden of Proof - Greater Weight of the Evidence C Burden of Proof - Clear and Convincing Evidence C Meaning of "Find" C Party Acting as Own Attorney C Note Taking by Jurors C Duties of Jurors and Conduct C C Tort Liability 2004 Responsibility for Conduct C Negligence C Evidence of Compliance or Non-Compliance With Statute C Gross Negligence Defined (Good Samaritan Act) C Gross Negligence Defined (Acts of a Public Official/Police Officer) C Proximate Cause C Acting in Concert C Measure of Duty of Minor to Exercise Care C Voluntary Intoxication C Malice C Malice of Corporate Officers C Advice of Counsel C Action for Damages by Spouse Against Spouse C Assumption of Risk C Momentary Forgetfulness of Danger C Sudden Emergency C Definition of Fault C Comparative Fault C Accident-Causing Fault and Injury-Causing Fault C No Inference of Fault From an Accident or Injury C

2 Motor Vehicle Liability 1986 Operation of Motor Vehicle (General Care Required) C Operation of Motor Vehicle (Speed Restrictions) C Operation of Motor Vehicle (Impaired Driver) C Under the Influence of Intoxicant (Driver of Motor Vehicle) C Duty to Assist C Family Car Doctrine C Right-of-Way at Intersection C Left Turn at Intersection C Duty of Driver Having Right-of-Way C Obedience to Police Officer or Firefighter C Obedience Required to Traffic Control Devices C Traffic Control Devices C Highway Protected by "Yield" Sign C Highway Protected by "Stop" Sign C Pedestrian Control Signals C Flashing Signals C Interference With Official Traffic Control Device or Railroad Sign C or Signal 1986 Stopping Vehicle on Roadway C Drive on Right Side of Roadway - Exceptions C Passing Vehicles Proceeding in Opposite Directions C Overtaking Vehicle on Left C When Overtaking Vehicle on Right Permitted C Limitations on Overtaking on Left C Further Limitations on Driving on Left to Center of Roadway C Class B Authorized Emergency Vehicle C Entering Expressway - Right-of-Way C Care in Towing Trailer C Duty of Driver to Keep Lookout (Railroad Crossing) C Duty to Train Employees - Right-of-Way C Duty of Train Employees - Backing Movement C Duty of Driver to Stop and Wait C Serious Injury - Definition C Duty of Passenger C Passenger Not Responsible for Driver s Fault C Miscellaneous Torts 1997 Dram Shop Liability C Obviously Intoxicated Person Defined C Sale of Alcoholic Beverages to a Person Under 21 Years of Age Good C Faith Defense 2009 Knowingly (Dram Shop) C Animals Known to be Vicious C

3 2004 Landlord Liability for Animals Known to be Vicious C Civil Conspiracy C Conversion C Deceit C Puffing Not Deceit C Defamation C Libel C Slander C Privileged Communication C Publication C Invasion of Privacy C Drainage of Surface Waters C Watercourse C Drainway C Drainage Along Highways (Maintenance) C Drainage Along Highways (Construction or Reconstruction) C Act of God (Drainage of Surface Waters) C False Imprisonment C Instigation of False Imprisonment) C False Arrest and Unlawful Detention by Private Person C Assault C Justifiable Response to Assault C Battery C Malicious Prosecution (Elements) C Institution of a Proceeding Defined (Malicious Prosecution) C Definition of Probable Cause (Malicious Prosecution) C Medical Negligence (Elements) C Physician's Standard of Care C Malpractice (Emergency Treatment) - Comments Regarding C Elimination of Jury Instruction 2006 Physician's Duty to Disclose (Informed Consent) C Bad Result C Duty of Hospital C Malpractice (Duty of Patient) C Legal Negligence (Elements) C Legal Negligence (Lawyer's Standard of Care) C Legal Negligence (Proximate Cause - Damages) C Roadways, Streets, and Sidewalks - Duty of State or Political C Subdivision 2006 Notice to State or Political Subdivision (Roadways, Streets, and C Sidewalks 2008 Ice and Snow C Duty of State for Damages Caused by [Snow and Ice] [Frost or Loose Snow] on Highways or Sidewalks Not Abutting a State Owned Building or Parking Lot C

4 2008 Liability of Municipality for Damages Caused by [Snow and Ice] C [Frost or Loose Snow] on [Sidewalk] [Crosswalk] 1996 Pedestrian - General Duty C Duty of Pedestrian - Traffic Control Devices C Duty of Pedestrian Crossing Roadway in Crosswalk C Duty of Pedestrian Crossing Roadway - No Crosswalk C Pedestrian on Roadway C Duty of Care Owed by School C Landlord/Tenant Common Area - Duty C Unsafe Condition of Premises C Duty of Owner, Occupant, or Lessor of Premises C Duty of Possessor to Lawful Entrant - Injury Caused by C Condition of Premises 1995 Duty to Trespasser C Premises Dangerous to Child C Loss of Consortium C Duty of Insurance Agent C Insurer s Duty to Act in Good Faith C Intentional Infliction of Emotional Distress C Severe Defined C Extreme and Outrageous Defined C Effect of Relationship of Parties C Susceptibility of Plaintiff C Intentional and Reckless Defined C Permissible Conduct C Negligent Infliction of Emotional Distress for the Safety of Another C Negligent Infliction of Emotional Distress for the Plaintiff s Own Safety C Strict Products Liability C Defective and Unreasonably Dangerous Defined C Product Bearing an Adequate Warning Not Defective C Product Liability Negligence C Warning C Knowledge and Obviousness of Danger C Rebuttable Heeding Presumption C Negligent Failure to Warn of a Danger Learned Post-Sale C Alteration or Modification C Assumption of Risk (Strict Products Liability) C Misuse C Government and Industry Standards C Extended Use C Sex Discrimination (Hostile Work Environment) C Wrongful Death C Intentional Interference With Contract C Unlawful Interfence With Business C Civil Rights Violation C

5 2013 Employer Retaliation C Elements of a Retaliatory Discharge Claim C Protected Activity C Causal Connection C C Wills and Gifts 2004 Omitted Spouse C Intent of Testator C Disposition of Property by Will - General Considerations C Undue Influence - Burden of Proof C Undue Influence - Essential Elements C Previous Proceedings C Findings Validity of Will (Undue Influence) C Gift of Personal Property C C Contracts 1995 Contract Defined C Contract - Parties C Contract - Third Party Beneficiary C Contract - Object C Contract - Express or Implied C Contracts - Oral or Written C Contracts - Mutual Consent C Contracts - Revocation C Contracts - Consideration C Contracts - Modification C Contracts - Conditions Precedent, Concurrent, or Subsequent C Contract - Interpretation C Waiver C Unintentional Misrepresentation - Contract C Constructive Fraud C Contract - Breach C Bailment for Mutual Benefit C Implied Warranty of Bailor C Warranty of Bailor Limited C Duty of Carrier (Passengers) C Duty of Carrier (Property) C Claim Under Non-owned Automobile Provision of Insurance Policy C C Legal Entities

6 1997 Agency C Agent's Authority is Either Actual or Apparent C Ratification C Agent Represents Principal C Apparent Agency - Basis of Authority C Agency - Burden of Proof C Negligence of Agent Chargeable to Principal C Employer Responsible for Fault of Employee C Alternative Findings (Negligence Action - Disputed Agency) C (Illustration) 1998 Joint Ventures C Independent Contractor - Distinction C Partnership C Liability of Partner C Acts of Partners C Purported Partner C Representation as Partner C C Defenses See Cross Reference for Number Changes (APPENDIX) C Damages 2000 Damages (In General) C Damages (Liability Admitted) C Damages Defined C Burden of Proving Damages C Adequate Compensation (Tort) C Damages - Aggravation of Pre-existing Condition C Aggravation of Pre-existing Condition C Condition Unrelated to Defendant's Wrongdoing C Workmen's Compensation Benefits C Elements of Damages (Personal Injury) C Loss of Consortium C Elements of Damages (Wrongful Death) C Special Items of Detriment (Wrongful Death) C Life Expectancy (Wrongful Death) C Life Expectancy C Damages for Future Detriment Reduced to Present Worth C Measure of Damages (Wrongful Detention) C Damages for Conversion of Personalty C

7 1986 Reasonable Value or Fair Market Value C When Peculiar Value to Person Deemed Value C Measure of Damages [False Imprisonment] [Malicious Prosecution] C Exemplary Damages Not Allowable C Exemplary or Punitive Damages C Exemplary Damages - Compensatory Damages Required C Exemplary Damages (Products Liability) C Exemplary Damages (Impaired Driver) C Exemplary Damages (Principal/Agent) C Exemplary Damages (Harm to Others) C Oppression C Fraud as a Basis for Exemplary Damages C Actual Malice C Measure of Damages (Benefit of the Bargainl) C Measure of Damages (Contracts in General) C Value of Property to Seller C Value of Property to [Buyer] [Owner] C Loss of Profits as Damages C Measure of Damages (Goods Not as Represented or Warranted) C Value of Attorney's Services C Fair Value Defined (Deficiency Judgment) C Elements of Damages (Miscellaneous) C Duty to Avoid or Minimize Damages C Quotient Verdict C Interest on Damages C C Eminent Domain 2006 Eminent Domain C Propriety of Taking Not in Issue C Burden of Proof (Eminent Domain) C Just Compensation for Property Taken C Special Needs and Values Disregarded C Severance Damages C Damage to Business C [Lack] [Impairment] of Access After Taking C When Right to [Compensation] [and] [Damages] Accrues C Limitation of Award C Consequential Damages C Allowance for Benefit C Cost of Moving Personal Property C Controlled-Access Facility Defined C Attorney's Fees and Costs in Eminent Domain C

8 C Evidence 1998 Weight and Credibility C Impeachment C Lay Opinion C Testimony of Expert C Oral Admission Viewed with Caution C Testimony of Property Owner C [Audio-Visual] Depositions C Interrogatories C Failure to Produce [Evidence] [Witness] C Number of Witnesses C Proof of Fact by Testimony of Single Witness C Preceding a View C View of Premises C Direct and Circumstantial Evidence C Res Ipsa Loquitur C Insurance Admonition C Presumption C Presumption of Fair Market Value (Deficiency Judgment) (Without Notice and/or Commercial Reasonableness) C Presumption of Fair Market Value (Deficiency Judgment) (With Notice and Commercial Reasonableness) C Intent C C Closing Instructions 2006 Statements by Counsel and Judge C Duty to Accept Law From Court C Judicial Notice C Fair Treatment Under the Law C Deliberations and Conduct of Jury C Sealed Verdict C Forms of Verdict and Submission of Case (General Verdict C With Interrogatories) 2006 Forms of Verdict and Submission of Case (Special Verdict) C Duty of the Jury/Deadlocked Jury [Allen Charge] C Assisting Jurors at Impasse C C Verdict Forms 2013 General Verdict for Plaintiff (Illustration) (DELETED) C

9 2013 General Verdict for Defendant (Illustration) (DELETED) C General Verdict for Plaintiff and for Dismissal of Counterclaim C (Illustration) (DELETED) 2013 General Verdict for Defendant on Counterclaim and for Dismissal of C Plaintiff's Claim (Illustration) (DELETED) 2013 General Verdict of Dismissal of Claim and Counterclaim (DELETED) C Verdict Invalidating Will (Illustration) C Verdict Upholding Will (Illustration) C Verdict for Plaintiff - Conversion - Exemplary Damages (Illustration) C Verdict Awarding Compensation and Damages in Eminent Domain C (Illustration) 2013 Special Verdict - Comparative Negligence (Illustration) C Special Verdict Form (DELETED) C

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